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Upper Gunnison River Water Conservancy District <br />02CW038 <br />1969 Act recognized ... that one method of achieving maximumutilization of water is to require that <br />each diverter establish a reasonable means of effectuating his diversion" and citing Colorado SpYings <br />v. Bender, 148 Colo. 458, 462, 366 P.2d 552, 555 (1961) (a diverter "is not entitled to command the <br />whole or a substantial flow of the stream merely to facilitate his taking the fraction of the whole flow <br />to which he is entitled"). Thus elements of the concept of "maximum utilization" found in the <br />defuzition of beneficial use also imposed limits on the amount of water that could be decreed to a pre- <br />SB 216 appropriator. " <br />, Within that concept of "maximum utilization" is also the more expansive notion of <br />"maxinuzing" beneficialuse. SeeAlamosa-LaJara, 674 P.2d at 935 ("the objective of `maximumuse' <br />administration is `optimum use"'); State Engineer v. Danielson, 856 P.2d 496, 505 (Colo. 1993) <br />("[i]n section 37-92-102(1)(a), the legislature declared that it is the policy of this state to integrate <br />the appropriation, use, and administration of underground water tributary to a stream with the use <br />of surface water in such a way as to maximize the beneficial use of all of the waters of this state. This <br />statement accords with the principle enunciated in many of our previous cases that the waters of our <br />state are such a scarce and valuable resource that they must be administered in ways tliat effectuate <br />the goal of `maximumutilization,' including use of as much underground water as possible."); Board <br />of County Comm'rs of County ofArapahoe v. Crystal CreekHomeowners Assoc., 14 P.3d 325, 333 <br />(Colo. 2000) ("Colorado policy seeks to optimize the beneficial use of all available waters of the <br />-11-