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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.V. Park, Applicant <br />claims conditional water rights in cubic feet per second in the amOlmts and for the time periods <br />set forth below: <br /> <br />Time Jan 1- May 16- July 1 - Sept 1- <br />Period May 15 June 30 Aug31 Dec31 <br />Flows (cfs) 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 beneticial 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 Address ofthe Owncr of Land on Which the Structures and Access Points ar~ <br />Located: <br /> <br />. <br /> <br />(a) <br /> <br />Salida Park: The structures are located partially on 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 ofSalida. The address for the <br />City of SaUda is PO Box 417, Salida, CO 8120 I. The address for the Union <br />Pacific Railroad Company, Real Estate Department is 1400 Douglas Street, <br />Omaha, Nebraska 68179-1690. <br /> <br />(b) B,V. Park: Structure No. I 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 Ka\y and red <br />W. Selby, POBox 4259, Buena Vista, CO 81211. <br /> <br />10. Remarks: (a) Precedent for the requested water rights is specifically set forth in City oj <br />Thornton v, City oj Fort Collin.., 830 P,2d 915 (Colo. 1992), Slale Eng'r v, Cil)' oJGolden, 69 <br />P.2d 1027 (2003) (aff'd by operation oflaw), Slale Eng'r v, Town of Breckenridge, 69 P.3d 1028 <br />(2003)(affd by operation oflaw), SIOle Eng'r v. Eagle River Waler & Son. DiSI., 69 P.3d 1028 <br />(2003) (atl'd by operation of law), and further supported by C,R.S. ~~ 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 conswnptive beneficial use its compact entitlements. <br /> <br />Tm17S0;2 <br /> <br />-4- <br /> <br />. <br />