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r <br /> i-ILtU t+Vi{i� <br /> STgTE 4F�OLORA®0 <br /> DISTRICT COURT, WATER DIVISION 6, COLORADO MAY - 9 199, <br /> Case No. 93CW16 <br /> MOTION FOR PARTIAL SUMMARY JUDGMENT, INCLUDING CITATIONS <br /> CONCERNING THE APPLICATION FOR WATER RIGHTS OF THE COLORADO <br /> DIVISION OF PARKS AND OUTDOOR RECREATION, <br /> IN ROUTT COUNTY. <br /> The Colorado Division of Parks and Outdoor Recreation, by <br /> and through the Attorney General for the State of Colorado, and <br /> the undersigned Assistant Attorney General, pursuant to Rule 56 <br /> of the Colorado Rules of Civil Procedure, seeks an Order from the <br /> Court granting Partial Summary Judgment on the following issue: <br /> WHETHER THE COLORADO DIVISION OF PARKS AND OUTDOOR RECREATION <br /> CAN OBTAIN A WATER RIGHT FOR THE INSTREAM USE OF <br /> WATER FOR RECREATION AND PISCATORIAL PURPOSES. <br /> In the instant case, the Colorado Division of Parks and <br /> Outdoor Recreation ( "Parks" ) has requested a change of water <br /> right for 3,300 acre-feet of storage water decreed absolute in <br /> Case No. 90CW01 . In its application, Parks has requested that it <br /> be allowed to use, on an annual basis, up to 3,300 acre-feet of <br /> water for "recreation and piscatorial purposes [ in] that reach of <br /> the Yampa River between the confluence of Dry Creek and the Yampa <br /> River near the Town of Hayden in Routt County, which shall be the <br /> upstream terminus and the present eastern boundary of Dinosaur <br />