Laserfiche WebLink
Matters. Covell aff. 113, Attachment P. In that intezview, Justice Hobbs described Golden as a <br />"pioneering case," brought "to establish that not only could the Water Conservation Board get in- <br />stream flow for fish and protection of environment to a reasonable degree, a city could get an in- <br />stream flow right for kayakiug and boating." Id. <br />If Justice Hobbs thinks that Golden was trying to "establish" an "instrearn flow" water right <br />for kayalci.ng and boating, he must think that Fort Collins is not precedent for a recreational in- <br />channel water right for such purposes.10 This viewpoint is consistent with the CWCB's narrow <br />interpretation of FoYt Collins and its restrictive view of the SB 216 amendments in this case. <br />In the suminer of 2004, with this very appeal pending, an article was published in the July- <br />August 2004 edition of Legal Affairs, in which Justice Hobbs made another extrajudicial public <br />comment xeflecting a"bent of mind" on the subject of reereational in-channel water rights: <br />`But the new state law [SB 2163,' he noted, `says municipalities are <br />only entitled to a`reasonable' recreation use - whatever that means. <br />The issue of whether prior appropriation allows recreational kayak <br />courses is not yet settled in this state.' <br />Covell aff. 114, Attachment Q at 52. <br />Here again, if Justice Hobbs thinks it is not yet settled whether "prior appropriation" allows <br />"recxeational kayak courses," such as the course for which Upper Gunnison obtained its RICD water <br />rights, he rnust necessarily think that Fort Collins is not precedent for water rights for such courses. <br />More troubling, this statement creates the isnpressio.n that he believes the overall fabric of the <br />'o The statement also expresses the view that recreational in-channel water rights are <br />essentially analogous to minimum stream flows under the state's minimum stream flow program, <br />just like the view espoused by Justice Hobbs in Fort Collins and by the CWCB here. <br />12