Colorado River Division 5 Vail RICD 08CW72, 08CW73 Confidential Settlement Documents

• File Number: 008CW72, 08CW73
• Description: Application to Make Conditional Water Rights Absolute and for Reasonable Diligence; Town of Breckenridge, Case No. 08CW73: Eagle River Water and Sanitation District Case No. 08CW72
• State: CO
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 11/8/2008
• Author: Glenn Porzak
• Title: Rights Absolute and for Reasonable Diligence; Town of Breckenridge, Case No. 08CW73: Eagle River Water and Sanitation District Case No. 08CW72
• Water Supply Pro - Doc Type: Court Documents

3. Objectors. A timely Statement of Opposition was filed in this matter by the
Colorado Water Conservation Board("CWCB"). The time for filing additional statements of
opposition has expired.
4. Stipulation. The CWCB stipulated to the entry of a proposed decree with the District
on _, 2008. The CWCB has consented to entry of this Decree. The Court hereby approves
of the foregoing stipulation.
5. Summary of Application. The Court granted absolute and conditional
water rights to the District in Water Court Case No. 00CW259. By the subject Application, the
District seeks to make absolute a portion of the water rights decreed in Case No. 00CW259, and
a finding of reasonable diligence on all other water rights decreed therein. The subject water
rights are described as follows:
A. Name of Structures: The Town of Vail Whitewater Park(the"Park").
B. Description of Decreed Conditional Water Rights:
(1) Date of Original Decree: June 5, 2002, 00CW259,District Court, Water Division
5.
(2) Legal Description of Structures: The Park is located within the channel of Gore
Creek in the NW1/4 NW1/4 of Section 8,T. 5 S., R. 80 W. of the 6th P.M.,Eagle
County, Colorado. The locations of the 3 structures comprising the Park are as
follows:
i. Structure 1. A rock structure located within the channel of Gore Creek at a
point which bears S. 55°54'49"E., a distance of approximately 1248 feet from
the NW corner of Section 8, T. 5 S., R. 80 W., 6th P.M.
ii. Structure 2. A rock structure located within the channel of Gore Creek at a
point which bears S. 51°15'12" E., a distance of approximately 1190 feet from
the NW corner of Section 8, T. 5 S.,R. 80 W., 6th P.M.
iii. Structure 3. A rock structure located within the channel of Gore Creek at a
point which bears S. 45°20'44"E., a distance of approximately 1128 feet from
the NW corner of Section 8, T. 5 S.,R. 80 W., 6th P.M.
(3) Source: The source for the water claimed is Gore Creek, a tributary of the Eagle
River.
(4) Appropriation Date: October 10, 2000.
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