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candid. It fails to acknowledge its prior admission that the intent of the appropriator is relevant <br />and, in fact, is expressly incorporated in the definition of RICD at § 37-92-103(10.3) by the <br />phrase "pursuant to an application.s4 <br />Given the foregoing, inquiries about whether the claimed amounts are reasonable are not <br />made in the abstract according to some CWCB - imposed, statewide minimum flow or safe <br />passage flow rate; rather, such inquiries must be judged in the context of whether the water <br />claimed is the minimum amount for the appropriator's intended beneficial use - i.e., as explained <br />in the definition of beneficial use, whether the appropriation will "accomplish without waste the <br />purpose for which the appropriation is lawfully made." C.R.S. § 37-92-103(4)(emphasis added). <br />This traditional definition of beneficial use, which was specifically amended to include RICDs <br />by SB 216, is the approach that was taken by the water court, and it should be affirmed. <br />V. RICD RIGHTS ARE SUBJECT TO THE SAME CONSTITUTIONAL <br />PROTECTION AS OTHER BENEFICIAL USES. <br />The water court was correct when it held: <br />To preclude an applicant from determining precisely the size and scope of any <br />recreational in-channel diversion would appear to infringe on the constitutional <br />right to appropriate. <br />Decision at 19. <br />The State misconstrues this holding by arguing that the water court in effect held that <br />there are no limits on the "size and scope" of RICD water rights. (State at 6, 11; State Amici at <br />17-22). That argument is a strawman that does not properly reflect the careful analysis in the <br />4 The complete definition of RICD at C.R.S. § 37-92-103(10.3) reads: "`Recreational in-channel diversion' means <br />the minimum stream flow as it is diverted, captured, controlled, and placed to beneficial use between specific points <br />defined by physical control structures pursuant to an application filed by a county, municipality, city and county, <br />water district, water and sanitation district, water conservation district, or water conservancy district for a reasonable <br />recreation experience in and on the water." <br />Tm 1650 10