Laserfiche WebLink
4- <br />conditions, or denied. <br />The framework of Colorado water law that applies to these water rights includes the <br />seminal Ciry of Thornton v. City of Fort Collins decision which confirmed recreational boating <br />as a beneficial use of water, and further confirmed that in-channel diversion structures that <br />control water in a river channel to achieve an appropriator's intended beneficial use constitute a <br />diversion under the statutory definition. The important holdings from Ft. Collins were not <br />repealed or limited by Senate Bill 212 passed in 1987, and were expressly codified by SB 216 <br />and remain part of the law in Colorado. <br />Finally, and most importantly from the perspective of these Amici, recreation is and <br />always has been a recognized beneficial use of water in Colorado, and the right to appropriate <br />for recreation uses is entitled to the same protection of Article XVI § 6 of the state constitution <br />as appropriations for any other use. Now more than ever, such uses are a mainstay of the state <br />economy - and water rights for such uses are just as important as rights for agriculture, <br />municipal, hydropower and other more traditional uses. What really distinguishes a boating park <br />is that it has the potential to create so much economic value, and revitalize a community, all <br />without consuming or polluting a drop of water. RICD water rights are an additional beneficial <br />use of water that may generate millions of dollars for a local economy, yet 100% of the water <br />claimed is available immediately downstream for the next use. In this regard, RICDs are prime <br />examples of water rights that promote the State's policy of maximum utilization. In most <br />instances, a RICD is one of the onlv new uses that can be made of water in our over-appropriated <br />stream systems. <br />Tm 1650 <br />2