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The Pueblo Chieftain Online - Monday November 05,2001 ~\ Page 2 of 4 On one hand, the city is applying for the water rights - technically called recreational in-channel diversion rights - because it intends to develop a kayaking Course along the river as part of the Arkansas River Corridor Legacy project, which will be built by the Army Corps of Engineers. At the same time, if Pueblo is awarded the rights, it would guarantee the city a minimum flow of water in the river that would provide stability to the parks being built along the water, including the Historic Arkansas Riverwalk of Pueblo. "Pueblo's recreational rights would still be very junior to those already using the river, but they would be senior to other applications filed in the future," Florczak said Friday. The practical effect would be that Pueblo would be guaranteed the rights to a certain flow of water, which would affect any effort to divert or transfer river water west of the city. On Friday, the flow in the river was recorded at roughly 140 cfs. Florczak said he expected Pueblo to be applying for a minimum of 500 cfs. That doesn't mean there would always be that amount of water in the river through Pueblo, but it would make the city's right to that streamflow a higher priority than any subsequent applications for water. Recreational in-channel water rights are a relatively new phenomenon in the complex world of water law. Colorado cities were surprised earlier this year when the city of Golden won its court case claiming the full flow of Clear Creek for recreational purposes. The state Legislature responded with legislation setting up parameters for awarding recreational water rights and giving the job of reviewing applications to the Colorado Water Conservation Board. The final decision will be made in water court, but http://www.chieftain.cOmlmonday Inews/index/ article/l1 -1.. ,,.-,,......