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The Applicant's expert, Gary Lacy, who designed and oversaw construction of the <br />Gunnison course, admitted repeatedly that: "The Whitewater Park will attract many boaters at <br />250 c.f.s. and above," including experienced kayakers. (Exhibit B; v. V, p. 177; v. VII, pp. 221- <br />222). The Applicant's Manager provided an initial recommendation of minimum stream flows <br />of 250 to 500 c.f.s. (Upper Gunnison Water Conservancy District Manager; State's Exhibit 15a, <br />attached hereto as Exhibit N). The State's expert testified a minimum flow for a reasonable <br />recreational experience for an average user was in the range of 250-350. (v. IV, pp. 233- <br />234). He testified that many courses, including world-class, paid-admission and Olympic <br />courses, operate at much lower flows. (v. IV, pp. 230-232, State's Exhibit 19a, p. 5, attached <br />hereto as Exhibit O). <br />As stated earlier, co-sponsor Representative Spradley stated, "for legislative history <br />purposes," that under SB 216, the "minimum" flow "would mean that the applicant could <br />potentially obtain a right to the minimum amount of water necessary to float a kayak...... <br />(Exhibit J, Rep. Spradley, p. 1). Under this reasoning, because the evidence showed that 250 <br />c.£s will attract expert kayakers and the Legislature only intended an "amount of water necessary <br />to float a kayak," the Water Court erred in rejecting the presumptively valid CWCB Findings and <br />Recommendations that 250 c.f.s. was a reasonable recreation experience. <br />This Court should uphold the presumptively valid CWCB determination that 250 c.f.s <br />was the minimum stream flow necessary for a reasonable recreation experience. <br />22