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DISTRICT COURT, WATER DIVISION NO. 6, STATE OF COLORADO WA <br /> 1)1V 6 <br /> Case No. 92CW16 NATE®F�®L®RA®® <br /> Or <br /> AMENDMENT TO STATEMENT OF OPPOSITION 9 <br /> 3 <br /> IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF COLORADO DIVISIONOF <br /> PARKS AND OUTDOOR RECREATION, <br /> IN ROUTT COUNTY. <br /> 1. Name of Obiector: Thomas R. Sharp <br /> Mailing Address: P.O. Box 774608 <br /> Steamboat Springs, CO 80477 <br /> (303) 879-7600 <br /> 2. Structure: Steamboat Lake <br /> 3. Supplemental Grounds for Objection: <br /> The Objector has previously filed a Statement of Opposition to the <br /> application in the within case, stating with specificity in paragraphs 3(a) <br /> through 3(r) the ;grounds for such opposition. Objector now amends such <br /> Statement of Opposition and states that the application herein should be <br /> denied for the following reasons which are in addition to the reasons set <br /> forth in the Statement of Opposition: <br /> (s) Applicant seeks by this application to obtain a decree for an <br /> instream flow right downstream on the Yampa River from the point of <br /> storage in Steamboat Lake. Applicant requests that the storage water <br /> sought to be changed herein be allowed to be released from Steamboat <br /> Lake and delivered without interruption or diversion to the instream <br /> flow reach, and then further delivered without interruption or diversion <br /> through the instream flow reach to its downstream terminus. The <br /> proposed downstream terminus of the in-stream flow reach is requested to <br /> be the easterly boundary of Dinasaur National Monument. After entering <br /> Dinasaur National Monument, the Yampa River exits the Monument at the <br /> Colorado-Utah border. No new future diversion or use of the storage <br /> water which is the subject of this application could be made within <br /> Dinasaur National Monument, other than as in-stream flow, without <br /> contract or permit from the National Park Service, and such contract or <br /> permit could not be granted under federal law because the State of <br /> Colorado could not "demonstrate to the Secretary (of the Interior) that <br /> there are no reasonable alternatives by which to acquire . . . the . <br /> water." 16 U.S.C.S. §1a-2(e) . The applicant could not demonstrate that <br /> there are no reasonable alternatives, because the applicant itself is <br /> proposing to create the inability to divert or use the water between <br /> Steamboat Lake and the National Monument by this proceeding, i.e. , it <br /> would be deemed to have created its own "hardship. " Colorado could not <br /> claim no alternative to any future diversion of these waters within the <br /> -1- <br />