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. i <br /> National Monument without answering that it created the necessity in the <br /> first place by the within application. Hence, as a matter of logic, <br /> fact and law, this application would permit the applicant to release the <br /> stored water from Steamboat Lake and require that it not be diverted out <br /> of the streambed of the Yampa River all the way to the Utah line. <br /> Therefore, applicant's proposed change amounts in fact and in law <br /> to a proposal to export the storage water from the State of Colorado. <br /> Applicant's proposed change therefore violates C.R.S. 537-92-102(3) <br /> which provides that "Nothing in this article shall be construed as <br /> authorizing any state agency to acquire water by eminent domain or to <br /> deprive the people of the state of Colorado of the beneficial use of <br /> those waters available by law and interstate compact." <br /> (t) As stated in (s) above, the proposed change requested by applicant <br /> amounts to the exportation of the storage water to and into Utah, <br /> without opportunity for diversion and use in Colorado. Such application <br /> must therefore comply with Colorado's export statutes, being C.R.S. 537- <br /> 81-101 et seq. Applicant must first obtain an adjudication from this <br /> Water Court "to divert, carry, or transport any water outside Colorado <br /> (See C.R.S. 537-81-101(2) . " Prior to approving such adjudication, the <br /> applicant must prove, and this Court must find, the matters specified in <br /> C.R.S. SS37-81-101(3) (a) , (b) and (c) . Section 37-81-101(4) provides <br /> that "Any diversion of water from this state which is not in compliance <br /> with this section shall not be recognized as a beneficial use for <br /> purposes of perfecting a water right to the extent of such unlawful <br /> diversion or use. ,, Objector contends that the applicant's proposal will <br /> not be incompliance with C.R.S. SS37-81-101(3) (a) , (b) , or (c) , and <br /> that, accordingly, the proposed recognition of a change of use of the <br /> subject water cannot be granted. <br /> (u) Applicant should be required to pay the annual $50 per acre-foot <br /> fee to the State Engineer on the water carried and transported under the <br /> requested change for beneficial use outside this state, under C.R.S. <br /> S37-81-104(1) , and such requirement should be a limiting term of any <br /> decree in this case. <br /> 4. Miscellaneous. This Statement of Opposition is continuing in nature, <br /> and Objector requests that it apply equally to any amended application that <br /> may be filed herein, so that the filing of further statements of opposition <br /> will not be necessary. <br /> Respectfully submitted this 1211 ay of October, 1993. <br /> Thomas R. Sharp <br /> P.O. Box 4608 <br /> j Steamboat Springs, CO 80477 <br /> Telephone: (303) 879-7600 <br /> -2- <br />