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? <br />Upper Gunnison River Water Conservancy District <br />02CW038 <br />Whitewater Parlc, when fully completed, will likewise control all of the water in the river for the <br />intended beneficial uses. Lacy Tr. at p. 63,1.23 - p.64,1. 1,11. 18-25. Any identified leakage can be <br />repaired, and is not the kind of waste contemplated under the doctrine of maximum utilization. <br />The recreational water right is nonconsumptive and promotes recreation and the economy of <br />the Gunnison community. It has no impact on downstream uses, so the water used by the whitewater <br />course can be used again downstream. Furthermore, consumptive beneficial use can be made <br />upstream ofthe reach, aided by augmentationplans and storage. In this way, the compactimpairment <br />factor is balanced with the maximum utilization factor: any impacts determined under the compact <br />irnpairment factor can be mitigated as encouraged under the maxinum utilization factor. <br />D. Nothing in the CWCB's Findings and Recommendations is Presumptive on the Court <br />C.R.S. § 37-92-305(13) requires the water court to apply the 102(6) factors, and provides <br />that "[a]ll fmdings of fact contained in the recommendation ofthe Colorado water conservationboard <br />shall be presumptive as to such facts, subject to rebuttal by any pariy." The plain language of this <br />section makes presumptive only the "findings offact" in the CWCB's recommendationto grant, grant <br />with conditions, or deny the application. "Findings of fact" are findings of basic or evidentiary fact <br />involving the raw historical data underlying the controversy. Federico v. Brannan Sand & Gravel <br />Co., 788 P.2d 1268, 1272 (Colo. 1990). <br />-27-