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Last modified
7/14/2009 5:02:34 PM
Creation date
6/1/2009 12:41:43 PM
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UCREFRP
UCREFRP Catalog Number
9351
Author
Hobbs, G.
Title
Water For Recreation, Water Quality, and Wetlands".
USFW Year
1990.
USFW - Doc Type
\
Copyright Material
NO
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_ itself from the purview of said statute. <br />Further, this Court concludes that the <br />District's release of water from the <br />reservoir to satisfy legitimate beneficial <br />uses of recreation and fishery (albeit <br />in-stream) is protected by Colorado's <br />constitutional assurance that the right to <br />appropriate water shall never be denied. <br />The Court is fully aware of the Attorney <br />General's argument that once the District has <br />released water from its reservoir and fails <br />to redivert it [pursuant to C.R.S. <br />37-76-102(4) and 103] then the water reverts <br />to the natural stream and is available for <br />appropriation by other users. While the <br />Court was initially impressed by this premise <br />during the oral argument, it is now satisfied <br />that so long as the District is actually <br />utilizing the water which it releases for <br />recognized beneficial uses (including <br />in-stream fishery and recreational uses), it <br />shall not be treated as having abandoned or <br />released the water to the stream. See: <br />Larimer County v. Luthie, 8 Colo. 614, 9 Pac. <br />794 (1886) and Thomas v. Guirard, 6 Colo. 530 <br />(1883). <br />As a result of these findings and <br />conclusions, the Court hereby concludes and <br />holds that the District's applications in <br />cases 86-CW-202 and 203 do not constitute <br />applications for "in-stream flows" and are <br />not in violation of 37-92-102(3). Therefore, <br />the in-stream flow issue is hereby deleted <br />from this action. <br />The ruling of Judge Brown is sound and deserves wide <br />acceptance. It has long been recognized in this state that water <br />captured and stored in priority can be released into and <br />conducted for beneficial use through the natural channel of the <br />stream to a downstream point of use, as a protected property <br />right in waters reduced to possession. ee C.R.S. S 37-87-102. <br />Those who invest in the capture, possession, and control of water <br />for recreation -- a recognized beneficial use -- should be <br />allowed, after storing water in priority or under free river <br />-19- <br />
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