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r • <br /> • <br /> The Course structures can also divert and control water at the claimed monthly <br /> flows that are less than 1000 cfs. Minimum control occurs at 20 cfs, and white <br /> water features begin to develop at 200 cfs. <br /> In view of the foregoing, the Court finds that the structures in the Course <br /> control, concentrate and direct the flow of water through the Course in a manner <br /> that constitutes a diversion under C.R.S. § 37- 92- 103(7). City of Thornton v. City <br /> of Fort Collins, 830 P.2d 915, 930 (Colo. 1992) ( "controlling water within its <br /> natural course ... by some structure or device for a beneficial use thus may result <br /> in a valid appropriation. ") <br /> Accordingly, the Court finds that the seven Course structures have <br /> diverted and controlled water flows for the claimed absolute amounts as identified <br /> in the monthly chart in Tables 1 and 2, above. <br /> 8. Beneficial Use: As detailed above, water in the amounts claimed absolute for the <br /> Course right have been beneficially used for recreational boating purposes. § 37- <br /> 92- 103(4). Moreover, the City of Golden derives substantial economic benefit <br /> from the recreational use of the Course. This benefit has been an important <br /> factor i <br /> in the economic <br /> redevelopment of the Golden downtown area. <br /> The Court further finds that this beneficial use at the conditional amount <br /> claimed is reasonable and there is no waste as the higher the flows, the greater <br /> the Course usage, and attendant economic benefit. The testimony was unrebutted <br /> that when flows are at the 1000 cfs level, the Course is accessible to intermediate, <br /> advanced - intermediate, expert, and even world -class boaters. Intermediates use <br /> easier parts of the Course, while more experienced boaters utilize more <br /> challenging structures in the Course. <br /> Testimony demonstrated that flows of 1,000 cfs and higher are also best <br /> for the elite competitions such as the Eddie Bauer Classic and the U.S. Olympic <br /> trials that Golden and others have held and plan to continue to hold on the <br /> Course. The Court concludes that Golden derives substantial economic benefit <br /> from competitions held on the Course. Not only is the Course used and enjoyed <br /> by the competitors and spectators, but both the competitors and spectators spend <br /> many thousands of dollars in Golden on days when events are held. While events <br /> that have been planned months in advance are still held on the Course if flows are <br /> less than 1,000 cfs on event day, Golden's ability to continue to attract such <br /> competitions depends on the possible availability of high flows in the 1,000 cfs <br /> range„ <br /> • In addition, the Court finds that the Golden Course is perceived by many <br /> boaters as the best in the area. That reputation translates directly into economic <br /> value for the City in that it attracts boaters from across the State, the Country, and <br /> even international competitors. The Court finds that the reputation of the Course <br /> is in large part due to the high flows. <br /> The Court concludes that high flow rates are a critical component of the <br /> Course as an attraction and amenity for Golden. For all of the foregoing reasons, <br /> the Court concludes that flows of up to 1,000 cfs can and will be put to beneficial <br /> use and not wasted. The Court recognizes that Golden claimed amounts of water <br /> Page6of11 <br />