Laserfiche WebLink
00CW259,Div. 5 <br /> Decree <br /> The Park extends approximately 300 feet within the channel of Gore Creek. Two maps <br /> depicting the location the Park and the above-referenced structures are attached hereto as <br /> Exhibits 1 and Exhibit 2, and incorporated herein by this reference. <br /> C. Source: The source for the water claimed is Gore Creek, a tributary of the Eagle <br /> River. <br /> D. Date of Initiation of Appropriation: October 10, 2000. The appropriation was <br /> initiated by formation of the requisite intent to appropriate coupled with actions manifesting such <br /> an intent sufficient to put third parties on notice, including the commencement of the physical <br /> construction of the Park. All work in the stream channel was completed by November 29, 2000. <br /> E. Intent to Appropriate. The Court finds that the District acting pursuant to the <br /> Memorandum of Understanding with the Town of Vail possessed the requisite intent to <br /> appropriate water for the amounts and time periods shown in paragraph 4F below for recreational <br /> purposes. The District and the Town of Vail entered into the Memorandum of Understanding to <br /> adjudicate, maintain, and administer the subject water rights for the Park, and specifically agreed <br /> as follows: <br /> "1. The Town [of Vail] hereby agrees to assume the liability and <br /> responsibility for, and pay the cost of construction, maintenance and <br /> operation of the Park. The Town [of Vail] also agrees to pay the legal, <br /> engineering and other costs associated with the adjudication of the water <br /> rights for the Park. <br /> 2. The District hereby agrees to use its best efforts to adjudicate, <br /> maintain and administer the necessary water rights for the Park. <br /> Notwithstanding the foregoing, the parties agree that the District shall <br /> administer any water rights it secures for the Park in such a manner that <br /> water for municipal and snowmaking purposes within the District's service <br /> area shall take precedence." (parentheticals added). <br /> The Court further finds that the District has authority to acquire recreational and <br /> piscatorial water rights for customers within its service area, including the Town of Vail. The <br /> powers of a water district are found in the Special District Act at C.R.S. § 32-1-1001 -1006, and <br /> in C.R.S. § 31-35-402. These express powers include the right to acquire water rights to serve <br /> water customers in a district's service area. C.R.S. § 32-1-1006(1)(c)(I) and -1006(1)(e). In this <br /> regard, the District has direct statutory authority to appropriate all types of water rights, and even <br /> construct"water facilities" for the distribution of water"for the beneficial uses and purposes for <br /> which the water has been or may be appropriated." C.R.S. § 31-35-40.1(7). Such powers <br /> ta,ml000 —3— <br />