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DISTRICT COURT, WATER DIVISION SIX, STATE OF COLORADO <br /> Case No. 93-CW-16 FILED WRIER IJIV. t) <br /> STATE OF COLORADO <br /> STATEMENT OF OPPOSITION APR 3 0 1993 <br /> Concerning the Application for Water Rights of the Colorado <br /> Division of Parks & Outdoor Recreation, in Routt County, Colorado. <br /> 1 . Name and address of Objector: Upper Yampa Water Conservancy <br /> District <br /> Mailing Address : c/o Robert G. Weiss, Esq. <br /> Weiss and Van Scoyk <br /> P.O. Box 880550 <br /> 2155 Resort Drive, Suite 210 <br /> Steamboat Springs, CO 80488 <br /> 2 . Name of Ditch or Other Structure: Steamboat Lake. <br /> 3 . Facts Why The Application For Change of Water Right Should Not <br /> Be Granted Or Why It Should Be Granted Only In Part Or On <br /> Certain Conditions: <br /> a. The Upper Yampa Water Conservancy District is the owner <br /> and claimant of appropriation of water out of the Yampa River and <br /> its tributaries for all uses, including the right to use the water <br /> of the Yampa River for exchange. Such water rights vary in <br /> priority dates and amounts both for direct use and for storage, <br /> some of those water rights bearing very recent appropriation dates . <br /> b. There is not sufficient information contained in the <br /> Application in its present form to support the award of a ruling in <br /> accordance with the prayer for relief. <br /> C. Applicant seeks by this application to obtain a decree of <br /> an instream flow right downstream on the Yampa River from the point <br /> of storage in Steamboat Lake. Colorado law has vested the Colorado <br /> Water Conservation Board with exclusive jurisdiction and authority <br /> to appropriate waters of streams and lakes to preserve the natural <br /> environment to a reasonable degree, and provides that no other <br /> person or entity shall be granted a decree adjudicating a right to <br /> water or interests in water for instream flows for any purpose <br /> whatsoever. See C.R. S . §37-92-103( 3) . Therefore, the change of <br /> location of use sought by applicant is beyond the jurisdiction or <br /> authority of applicant and cannot be granted. <br /> 1 <br />