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aa <br />? <br />COLOR.ADO WATER CONSERVATION BOARD <br />1313 Sherman Street, Suite 721 <br />Denver, CO 80203 <br />303/866-3441 <br />THE MATTER OF THE CITY OF STEAMBOAT SPRINGS <br />FOR A RECREATIONAL IN-CHANNEL DIVERSION <br />IN ROUTT COUNTY <br /> Case No: 6-03CW86 <br />Margaret O'Donnell, #21145 <br />141 9th Street <br />P.O. Box 773572 <br />Steamboat Springs, Colorado 80477 <br />Telephone: (970) 879-2104 E-mail: <br />Telecopier: (970) 879-2106 <br />REBUTTAL STATEMENT OF MORRISON CREEK METROPOLITAN WATER <br />AND SANITATION DISTRICT <br />In accordance with Rule 13.d of the Recreational In-Channel Diversion ("RICD") Rules <br />adopted by the Colorado Water Conservation Board ("CWCB") on November 8, 2001 <br />("RICD Rules") and the Prehearing Order issued by Hearing Coordinator Felicity Hannay <br />on May 11, 2004 for the public hearing scheduled before the Colorado Water <br />Conservation Board ("CWCB" or "Board") on May 26th and 27th, Morrison Creek <br />Metropolitan Water and Sanitation District ("Morrison Creek") submits its Rebuttal <br />Statement as follows: <br />1. The CWCB Prehearing Statement finds access to be appropriate for purposes of <br />the RICD. One of the criteria it considers when determining the issue of <br />appropriate access is whether the Applicant has on ownership, leasehold, or other <br />legal interest for obtaining access for recreational, in-channel use. See, RICD <br />Rules, No. 7.(ii). Additionally, the CWCB must evaluate whether the Applicant <br />has or will have any impediments to gaining access, if lack of access is <br />demonstrated. Id., at 7.(iii). Morrison Creek's Prehearing Statement demonstrates <br />that ownership, a leasehold interest, or any other legal interest is not held by the <br />City for a portion of the property on which C Hole (or "Structure") sits. That <br />property is owned by the Union Pacific Railroad as evidenced by the lease <br />provided in Morrison Creek's Prehearing Statement. See, Morrison Creek <br />Prehearing Statement, Exhibit l. Further, the City has provided no evidence that <br />they are in the process of acquiring ownership rights in the Property and the <br />Structw-e. <br />-1- <br />.