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<br />. <br /> <br />. <br /> <br />. <br /> <br />6, Appropriation Date, March 30, 2004, based upon the intent to appropriate coupled with <br />acts demonstrating that intent, including a public meeting with interested parties. <br /> <br />7. Amounts Claimed. For each structure in the Salida Park and the B.Y. Park, Applicant <br />claims conditional water rights in cubic feet per second in the amounts and for the time periods <br />set forth below: <br /> <br />Time Jan I- May 16- Ju]y 1- Sept 1- <br />Period May 15 June 30 Aug31 Dec 31 <br />Flows (cts) 250 1800 700 250 <br /> <br />Some part or all of these claimed conditional amounts may be claimed as absolute at trial <br />to the extent Applicant demonstrates beneficial use has occurred prior to the trial date. <br /> <br />8. Beneficial Uses. For each structure, Applicant claims all recreational uses in and on the <br />Arkansas River, including without limitation boating, kayaking, tubing, rafting, floating, <br />canoeing and other such general recreational uses. <br /> <br />9. Name and Addrcss of the Owner of Land on Which the Structures and Access Points are <br />Located: <br /> <br />(a) <br /> <br />Salida Park: The structures are located partially Oli land owned by the City of <br />Salida and partially on land owned by the Union Pacific Railroad Company. Both <br />structures are accessible via land owned by the City of Salida. The address for the <br />City of Salida is PO Box 417, Salida, CO 81201. The address for the Union <br />Pacific Railroad Company, Real Estate Department is 1400 Douglas Street, <br />Omaha, Nebraska 68]79-1690. <br /> <br />(b) B.V. Park: Structure No.1 is located on land owned by the Town of Buena Vista. <br />The address for the Town of Buena Vista is 210 E Main, Buena Vista, CO 81211. <br />Structure Nos. 2-4 would be located on land currently owned by The Town <br />Company, LLC. The address for The Town Company, LLC is c/o Katy and Jed <br />W. Selby, PO Box 4259, Buena Vista, CO 81211. <br /> <br />10. Remarks: (a) Precedent for the requested water rights is specifically set forth in City of <br />Thornton v, Cily of ForI Collins, 830 P .2d 915 (Colo. 1992), Stale Eng'r v. City of Golden, 69 <br />P,2d 1027 (2003) (atI'd by operation oflaw), Slate Eng'r v, Town of Breckenridge, 69 P.3d 1028 <br />(2003) (aff'd by operation oflaw), State Eng'r v. Eagle River Water & San. Dist" 69 PJd 1028 <br />(2003) (aff'd by oper<ltion oflaw), and further supported by C.R.S. 99 37-92-103(4), 37-92- <br />103(7),37-92-103(10.3) and 37-92-305(9)(b). <br /> <br />(b) The foregoing appropriation does not impair the ability of the State of Colorado to <br />fully develop and place to consumptive beneficial use its compact entitlements. <br /> <br />Tm1750;2 <br /> <br />-4- <br />