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<br />. <br /> <br /> <br />KEN SALAZAR <br />Attorney General <br /> <br />BARBARA McDoNNELL <br />Chief Deputy Attorney <br />General <br /> <br />ALAN J. GILBERT <br />Solicitor General <br /> <br />STATE OF COLORADO <br />DEPARTMENT OF LAW <br /> <br />STATE SERVICES <br />BUILDING <br />1525 Sherman Street - 5th <br />Floor <br />Denver( Colorado 80203 <br />Phone 303) 866-4500 <br />FAX 303) 866-5691 <br /> <br />OFFICE OF THE ATTORNEY GENERAL <br /> <br />July 19,2000 <br />CONFIDENTIAL MEMORANDUM <br /> <br />PRIVILEGED ATTORNEY-CLIENT MEMORANDUM NOT TO BE PLACED IN <br />CENTRAL FILES. ANY CIRCULATION OR DISTRIBUTION TO PERSONS <br />OUTSIDE THE EMPLOY OF THE CLIENTS MAY WAIVE THE PRIVILEGE. <br /> <br />TO: Colorado Water Conservation Board Members <br /> <br />. FROM: Susan J. Schneider 9 S <br />Natural Resources Section <br /> <br />RE: Case No. 94CW273 <br /> <br />The City of Littleton and South Suburban Park and Recreation Center ("the <br />Applicants") seek absolute and conditional water rights of 100 c.f.s. total for J boat chute <br />structures. The Applicants have proposed a Stipulation and Decree that is narrowly written <br />so that it does not expand the holding of City of Thornton v. City of Fort Collins, 830 P.2d <br />915 (Colo. 1992). <br /> <br />As stated in the Confidential Memorandum to the Board of May 17,2000, the Fort <br />Collins case set the legal and factual criteria for reviewing this type of application. In that <br />case, the court held that "[i]n general, boat chutes and fish ladders, when properly designed <br />and constructed, are structures which concentrate the flow of water to serve their intended <br />purposes" and "therefore, may qualify as a 'structure or device' which controls water in its <br />natural course under section 37-92-103(7)." 830 P.2d at 932. Additionally, the court held <br />"[t]hat the chute and ladder function as designed means that the water can be controlled such <br />as to be put to recreational and wildlife uses, both beneficial uses under the Act." 830 P.2d at <br />932. <br /> <br />. <br />