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Town of Silverthorne <br />Case No, 04CW2I7 <br />Page 6 <br />occur, at the minimurn stream flows needed to provide the identified recreational experiences. <br />C.R.S. §37-92-103(10.3). <br />15. Reasonable Recreational Experience. The intended recreation experiences are <br />reasonable. C.R.S. §37-92-103(10.3). By using the proposed in-channel structures and devices in <br />a reasonabjy efficient manner to control that amount of water that is reasonable and appropriate <br />to accomplish without waste the intended recreational in-channel boating purposes, and by <br />thereby providing opportunities for reasonable recreation experiences to occur with the minimum <br />aanounts of water for each recreationa.i opportunity, the proposed appropriation of water meets <br />the beneficial use standards historically applied to water rights as well as the standards applied <br />specifically to recreational in-channel diversion. C.R.S. §37-92-103(4) and (10.3); Santa Fe <br />Ranches Property Owners Assoc. v. S'impson, 990 P.2d 46, 53-54 (Colo. 1999). <br />lb. Na Impairment of Compact Entitlements. The adjudication and <br />administration of the claimed water right will not impair the ability of Colorado to fuily <br />develop and place to consunnptive beneficial use its compact entitlements. C.R.S. §37-92- <br />102(6)(b)(n• . <br />17. Maximum Utilization. The adjudication and administration'of the water rights <br />described herein will pronnote maximuxn utilization ofwaters ofthe State. C.R.S. §§37-92- <br />102(1)(a), 37-92-102(6){b}(V); See; e.g., Board of County Commissioners of County of Arapahoe v. Crystal Creek Homeowners Assoc., 14 P.3d 325, 333 (Colo. 2000)(citing <br />Alamosa-LaJara Water Users Protection Ass'n v. Goidd, 674 P.2d 914, 935 (Colo. 1983). The <br />water rights decreed herein control water and place it to the intended beneficial uses via a <br />reasonably eff"icient means of diversion without waste. They are non-consuinptive and should <br />have a positive economic impact on Silverthome. They do not preclude other water <br />development opportunities. <br />18. No Injury to Instream Flow Rights. There are existing decreed instream flow <br />water rights in tlae reach of the water rights deereed herein. However, exercise of the water <br />rights decreed herein will compliment, and will not cause material injury to, any CWCB <br />instream flow water rights. C.R.S. §37-92-102(6)(b)(IV). <br />19. Measurement and A,derrinistration. The water rights decreed herein can be <br />adequately measured and administered through the proposed reach by using the USGS Gage <br />Nos. 09050700 (on the Slue River be:low Dillon Dam) and 09051050 (on Straight Creek below <br />Laskey Gu[ch), or any other gage acceptable to the Division Engineer, and accounting for <br />intervening inflows and diversions, if any, between those gages and the Course. <br />20. Access: There is acce;ss for recreational in-channel use; that access is owned <br />and/ox controlled by Silverthorne. C.R.S. §37-92-102(5)(b)(lII). <br />Zl. Water Available. Water is available for the claimed non-consumptive <br />appropriation. 21 Can and Will. The waters cIaimed by Silverthorne in this case can be and will <br />be diverted, or otherwise captured, possessed, and controlled and will be beneficially used and the