Decree Case No. 98CW448 - Laserfiche WebLink

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Table 1 6 a.m.-6 p.m. Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Claimed cfs 70 70 70 255 1000 1000 000 559 251 143 103 70 Absolute cfs 43 42 45 166 325 840 562 157 129 85 62 49 Conditional cfs 27 28 25 89 675 160 438 402 122 58 41 21 Table 2 6 p.m.-6 a.m. Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Claimed cfs 70 70 70 255 1000 1000 1000 559 251 143 103 70 Absolute 0 0 0 0 0 0 0 0 0 0 0 0 Conditional cfs 70 70 70 255 1000 1000 1000 559 251 143 103 70 The above conditional water rights are based on the unrebutted testimony regarding use of the Course offered by Dan Hartman (Golden's Director of Public- Works) and Gary Lacy (the designer and a frequent user of the Course), and the survey taken by the State's expert witness, Dr. Shelby. It is also based upon measured flows at the USGS gage, Clear Creek at Golden, Colorado (the "Clear Creek Gage ") in 1998, 1999, and 2000. After the application was filed, a portion of the conditional water rights claimed in the application for June and July were perfected as measured by the Clear Creek Gage in 1999. The Court further notes the State's admission that an absolute appropriation can be based on an instantaneous peak flow. However, the burden is upon the Applicant to establish the maximum flow rates that have been actually used by boaters to obtain an • absolute decree. 7. Diversion and Control: The design capacity of the Course is 1,000 cfs and the Course was constructed to that design capacity based on the directions from the - Golden City Council. The 1,000 cfs flow rate was used by the Course designer weir formulas and other calculations for the structures in the Course. At that flow rate, diversion structures 2 -7 do not overtop. All of the structures function at the optimal level to concentrate and control the flow of water, to create waves and jets.o£-. .water, self - scouring pools, hydraulic holes, large changes in current direction, and other white -water features that are used by kayakers and other boaters for recreational purposes. In addition, while over - topping directly affects the above features and begins to camouflage them, initially it does not destroy the features. The flow rate, above which the Course's structures are inundated to the point that they no longer create detectable white -water features, has not been established; hence, the 1000 cfs sought by Golden is reasonable in light of its intended use. Page 5 of 11