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Page 2 of 3 Designers say a water right isn't necessary in order to have a whitewater course. But securing a water right provides insurance against future water development that could leave a course high and dry. "Water gets tighter and tighter as years go by and as more and more of it gets grabbed up," said Mark Schumacher, a Gunnison paddler and outfitter who helped develop the local course. "Recreation is a great beneficial use for that water." The state's appeal of the Gunnison decree is the test case for the 2003 Colorado law that established when and how water rights could be used for recreational boating. Monday's decision could affect pending "big water" claims for existing kayak courses in Salida, Buena Vista and Steamboat Springs, whose applications were based on that legislation. And the ruling will probably fuel an ongoing debate in the state legislature over a bill that would strictly limit new whitewater parks by capping water claims at 350 cfs and establish additional construction requirements. Steamboat Springs water lawyer Tom Sharpe, who helped draft Senate Bill 62, said the court's opinion showed the justices struggled with the ambiguous language of the 2003 legislation that confirmed boating flows were a "beneficial use" under state law. He said lawmakers should define the flows necessary for a reasonable recreational experience without wasting water. "That's the classic legislative role," he said. State water planners are comforted by the court's affirmation of their central role in water decisions, said Ted Kowalski, the CWCB's lead planner on boat course claims. "Clearly (recreational diversions) are important to the state of Colorado," he said. "They have been controversial in the past, and I expect that they will continue to be." Staff writer Theo Stein can be reached at 303 - 820 -1657 or tstein(adenverpost.com. http: / /www.denverpost.com/cda /article /print /0,1674,36 %257E53 %257E276303 0,00.html 3/15/2005