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<br />. '\ ,.:~) (1 1 <br />'oj --''- ~ ,J '_ <br /> <br />Mr. McLaughlin then goes onto opine that the rates claimed are unreasonable because <br />they are in excess of the 350 cfs cap in the CWCB's Technical Criteria Manual. <br />(McLaughlin at Topic 10.) Based on references to the work by Bo Shelby on Clear <br />Creek in the Golden matter, Mr. McLaughlin appears to have made a decision regarding <br />appropriate flow rates for the Boating Park on the Yampa River, even though Mr. <br />Shelby's report was directed toward a whitewater park on Clear Creek, a much smaller <br />river. It is also of note that, in spite of Mr. Shelby's report, an RICD was awarded in <br />Colorado Water Court for 1000 cfs for Clear Creek. <br /> <br />There is no particular reason for Mr. McLaughlin to adopt Mr. Shelby's conclusions <br />about what should be defined as "a reasonable recreation experience." Moreover, flow <br />rates of 250 cfs to 350 cfs operate differently in the Yampa River than they do in Clear <br />Creek. During the summer boating season, 350 cfs of water in the Boating Park would <br />not provide the sort of attraction that would motivate boaters to travel any significant <br />distance whatsoever, and would provide a recreation experience only for beginners. It is <br />my opinion, based on over 40 years as a kayaker and as a former member of the u.S. <br />Whitewater Team that this Boating Park is not a real attraction to all levels of boaters <br />until it reaches the higher end of the design parameters. But those boating flows for <br />whitewater rafting, kayaking and canoeing, need to be distinguished from the lower nows <br />claimed later in the season to enhance tubing. The character of the requested flows is <br />representative of the expected user groups throughout the season. As noted, on higher <br />flow rates during peak season, the requested flows are conducive to expert level boating <br />and competition. At the lower flow rates, before and after peak flows, the flows are <br />conducive to other forms of river traffic, including inner-tubing. <br /> <br />Inner-tubers are one of the primary lower flow user groups. These include both local and <br />out-of-town users who typically lack whitewater experience and expertise. The design of <br />the Boating Park is ideal for these users because it provides for accelerated flow <br />conditions and a bouncy ride followed by a deep pool conducive to recovery. It has been <br /> <br />18 <br />