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( t <br /> (5) Amounts decreed: The following monthly flow rates were decreed conditional at <br /> each of the structures in the Park in the quantities set forth below when flows exceed 30 cfs. <br /> Mar Apr May Jun Jul Aug Sept Oct <br /> 54 227 400 400 400 218 67 48 <br /> cfs cfs cfs cfs cfs cfs cfs cfs <br /> (6) Beneficial Use: Recreational boating purposes. <br /> 6. Claim to Make Water Rights Absolute for the Town of Vail Whitewater Park. <br /> All of the structures comprising the Park have been constructed,maintained and used for <br /> recreational boating purposes since the original decree was entered by the Water Court. The <br /> District is entitled to make absolute those flow rates that were put to beneficial use in any given <br /> month at the structures within the Park. Consistent with the terms of the original decree, the <br /> following amounts are made absolute based upon use of the structures in the Park and the flows <br /> at the Park since the original decree was entered. The amounts not yet made absolute are noted <br /> as remaining conditional. As discussed in Paragraph 6,the District has demonstrated reasonable <br /> diligence for the remaining conditional amounts not yet made absolute. <br /> Mar Apr May June July Aug Sept Oct <br /> Total 0 0 400 400 400 0 0 0 <br /> absolute <br /> (cfs) <br /> Remaining 54 227 0 0 0 218 67 48 <br /> conditional <br /> (cfs) <br /> 7. The District's Plan to Apply Remaining Conditional Rights to Beneficial Use. <br /> Within the past 6 years, the District has been diligent in the continued use and developthent of its <br /> conditional water rights. Activities include beneficial use of the amounts claimed absolute <br /> herein;maintenance and improvements to the Park structures;providing a venue for the annual <br /> Teva Mountain Games; and defense of the subject water rights in the appeal of the Water Court <br /> decree to the Colorado Supreme Court. These actions demonstrate reasonable diligence with <br /> respect to the subject conditional water rights. <br /> 8. Ruling of the Referee. The Referee, having examined the information submitted by <br /> the District, and having completed investigations necessary to make a determination in this matter, <br /> does hereby find and conclude that the statements in the application are true and that the application <br /> should be granted. The Referee hereby rules that the District has satisfied all necessary legal <br /> prerequisites and hereby orders that through reasonable diligence and application of its conditional <br /> water rights to beneficial use,the District has made absolute the following portions of its conditional <br /> 3 <br />