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Our fundamental responsibility in interpreting a statute is to give effect to <br />the General Assembly's purpose and intent in enacting the statute. Martin <br />v. People, 27 P.3d 846, 851-52 (Colo. 2001). We should give effect to <br />each word and construe each provision in harmony with the overall <br />statutory design, whenever possible. See Citv of Florence v. Bd. of <br />Waterworks, 793 P.2d 148, 151 (Colo. 1990). We also consider the <br />General Assembly's course of action and intent when enacting, amending, <br />and repealing statutes. <br />The statutory definition of a recreational in channel diversion is as follows: <br />37-92-1G3(10.3). "Recreational in-channel diversion" means the minimum <br />stream flow as it is diverted, captured, controlled, and placed to beneficial <br />use between specific points defined by physical control structures <br />pursuant to an application filed by a county, municipality, city and county, <br />water district, water and sanitation district, water conservation district, or <br />water conservancy district for a reasonable recreation experience in and <br />on the water. <br />§ 37-92-103(4), defining beneficial use, reads as follows: <br />a. "Beneficial use" is the use of that amount of water that is <br />reasonable and appropriate under reasonably efficient practices <br />to accomplish without waste the purpose for which the <br />appropriation is lawfully made and, without limiting the <br />generality of the foregoing, includes the impoundment of water <br />for recreational purposes, including fishery or wildlife, and also <br />includes the diversion of water by a county, municipality, city <br />and county, water district, water and sanitation district, water <br />conservation district, or water conservancy district for <br />recreational in-channel diversion purposes. <br />Under traditional water law principles, maximum utilization and beneficial use are <br />balanced against speculation and waste. See generally Colorado River Water <br />Conservation District v. Vidler Tunnel Water Company, 197 Colo. 413, 594 P.2d 566 <br />(1979). Had the legislature intended to deviate from that balance in Senate Bill 216, <br />they would have said so. Further, the Colorado Constitution, Article XVI, § 5 provides a <br />Constitutional right to appropriate. <br />17