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<br />:.' .~ <br /> <br />1/;3"/0010/27/99 <br />--- <br /> <br />- <br /> <br />DISTRICT COURT, WATER DIVISION NO. 5, STATP OF COLORADO <br /> <br />Case No. 97CW283 <br /> <br />RULING OF THE REFEREE AND DECREE OF THE WATER COURT <br /> <br />IN THE MATTER OF THE APPLICATION FOR WATER RIGHTS OF THE TOWN OF <br />BRECKENRIDGE, IN SUMMIT COUNTY, COLORADO <br /> <br />The above-captioned application was filed on December 30,1997, and later amended by <br />leave of the Court granted May 4, 1998. Said matter was referred to the undersigned as Water <br />Referee for Water Division No.5, State of Colorado, by the Water Judge of said Court in <br />accordance with Article 92 of Chapter 37, Colorado Revised Statutes, known as the Water Right <br />Determination and Administration Act of 1969. <br /> <br />The undersigned Referee, having made such investigations as are necessary to determine <br />whether or not the statements in the application, as amended, are true, and having become fully <br />advised with respect to the subject matter of the application, does hereby make the following <br />determinations and ruling' as the Referee in this matter. <br /> <br />e <br /> <br />1. Application. This matter involves the application for absolute water rights and <br />right of exchange, as amended, filed by the Town of Breckenridge ("Breckenridge"). <br />Breckenridge's address is: c/o Town of Breckenridge, 150 Ski Hill Road, P.O. Box 168, <br />Breckenridge, CO 80424 . <br /> <br />2. Jurisdiction. All notices required by law have been'duly given and the Court has <br />jurisdiction over the application, as amended, and all parties affected thereby, whether or not they <br />have chosen to appear. <br /> <br />3. Objectors. Statements of Opposition to the application were timely filed by the <br />State and Division Engineers, the Colorado Water Conservation Board, Goose Pasture Tarn <br />L.L.C., Colorado River Water Conservation District, Ralston Resorts, Inc., City and County of <br />Denver, acting by and through its Board of Water Commissioners, and Breckenridge Sanitation <br />District. The time for filing additional statements of opposition have now expired. <br /> <br />4. Absolute Water Ri~ht. Breckenridge seeks a decree for an absolute water right for <br />the Miners Creek Ditch, as more specifically described below: <br /> <br />~ <br /> <br />sb0409 <br />