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Town of Si{verthorne <br />Case NQ. 04CW217 <br />Page 5 <br />with the Colorado Division of Wildlife ("CDOW") and a representative of tha Gore Range <br />Chapter of Trvut Unlimited or Trout Unlimitsd's Colorado Water Project, if available, <br />concerning the impact of such release on the Gold Medat trout fishery below Dillon Reservoir. <br />Silverthorne will seek to implemeat any such scheduled release for the Level Two flows in a <br />manner consistent with any outflow ramping guidelines or release schedule provided by CDOW <br />to protect the said Gold Medal traut fishery. <br />9. Municipal Corporation. Silverthorne is a municipality incorporated in the State <br />of Colorado and, therefore, is an entity authorized by law to appropriate a recreational in-channel <br />diversion. C.R.S. §37-92-103(4) and (10.3). <br />10. Reach of Stream Appropriate. The reach ofthe Blue River in which the Course <br />is to be located is an appropriate reach of stream for the intended recreational in-channel use. <br />C.R.S. §37-92-102(6)(b)(II). <br />11. Appropriative Intent. Silverthorne has lawfuIly effected an appropriation o£ <br />water by demonstrating a specific plan and intent ta divert the claimed-amounts of water at the <br />claimed time periods and to apply such water to beneficial use, namely a reasonable recreationai <br />experience for boating, rafting, and ka.yaking, in and on the water within the Course. C.R.S, §37- <br />92-103(3)(a). Silverthorne has completed the "first step" toward the conditional appropriation <br />by showing the requisite appropriative intent accompanied by.an open, physical demonstration of <br />that intent. <br />12. Beneficiaf Use. In-channel diversion for recreational purposes such as those <br />claimed in this case is a reeognized beneficial use of water under Colorado law. C.R.S. §37-92- <br />103(4) and (10.3 ). <br />13. Cantrol Structures. The amounts of water claimed and decreed herein wili be <br />controlled in the water's natural course in the Blue River during the claimed time periods by <br />means of u-shaped dam structures and offset water deflector devices constructed or proposed for <br />construction in the Course as described in paragraph 7 above. C.R.S. §37-92-103(7). <br />14. Diversion and Use. The controlling of the claimed amounts of water during the <br />claimed time periods by the proposed in-channel structures and devices and the use of such water <br />for the intended recreational in-channel boating purposes: <br />14.1 represents a reasonably efficient practice of diversion and beneficial use. <br />Alamosa-LaJara Water Users Protection Ass`n v. Gould, 674 P.2d 914, 934-5 (Colo. 1983); <br />C.R.S. §§37-92-102(2)(b), 37-92-103(4) and (7); <br />14.2 represents the use of that amount of water that is reasonable and <br />appropriate.under reasonably efficient practices to accomplish without waste the purpose for <br />which the appropria#ion was lawfully made by Silverthorne. C.R.S. §37-92-103(4) and (10.3); <br />and <br />14.3 will create opportunities for the intended recreational experiences to