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A. Water applied to beneficial use: Water in the lake is used for the purposes of <br />raising fish and recreation. The water was first used for such purposes on July 12, <br />1998 and has been used on a regular basis for such purposes from approximately <br />March through October of every year since then. Replacement of evaporative <br />losses associated with Stillwater Ski Lake has been made pursuant to the terms <br />and conditions of the decreed augmentation plan in Case No. 97CW383 since July <br />1998. There have been periods of free river during the diligence period from <br />February 3, 1999 through February 28, 2005, including periods of free river in <br />each March - through - October portion of the diligence period. Based on the fact <br />that evaporative losses occur constantly and on the fact that there have been free <br />river periods at the time of such losses, use of the water right for the decreed <br />purpose of "evaporation" can be made absolute. Based on the fact that water in <br />the lake has been used for the purpose of raising fish and recreation on a regular <br />basis from approximately March through October of every year during the <br />diligence period, and on the fact that there has been at least one free river period <br />in each March - through October season within the diligence period, use of the <br />water right for the decreed purpose of "recreation" can be made absolute. Based <br />on the foregoing, the Court finds that the water rights associated with the <br />Stillwater Ski Lake should be made fully absolute. <br />B. Description of place of use where water is or was applied to beneficial use: Water <br />is applied to beneficial use on and in Stillwater Ski Lake described herein. <br />10. Name(s) and address(es) of owner(s) or reputed owners of the land upon which any new <br />diversion or storage structure, or modification to any existing diversion or storage <br />structure, is or will be constructed or upon which water is or will be stored, including any <br />modification to the existing storage pool: This application does not involve any new <br />diversion or storage structure or any modification to any existing diversion or storage <br />structure. The name and address of the owners of the land upon which the existing <br />structures are located is the same as stated for applicant herein. <br />1 1 . Co- applicant, Peter L. Baurer, submitted an affidavit that was attached to the application <br />in this matter. The affidavit supports the factual findings in the preceding paragraphs <br />concerning diligence activities and the claim to make absolute. <br />CONCLUSIONS OF LAW <br />12. The application in this case is one contemplated by law and was filed in accordance with <br />C.R.S. § 37- 92- 302(1)(a). The Court has exclusive jurisdiction over the subject matter of <br />this proceeding pursuant to C.R.S. § 37 -92 -203. <br />