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• <br /> results purportedly offered the flow numbers that kayakers prefer for different <br /> • boating opportunities, but the Court notes that those numbers are inconsistent <br /> with the kayakers' narrative comments about the Course, which expressed a clear <br /> preference for higher flows. Dr. Shelby also admitted that the survey was unduly <br /> influenced by the period of dry years following construction of the Course. <br /> Moreover, Dr. Shelby was unable to express a definite opinion as to whether the <br /> amount claimed by Golden was unreasonable, and he admitted that his <br /> methodology did not work in the context of conditional water rights. Thus, Dr. <br /> Shelby expressed no useful opinion on the conditional components of the subject <br /> application. <br /> 10. Can and Will. The Court finds and the State admitted that Golden can and will <br /> perfect the conditional portions of the claimed amounts within a reasonable time <br /> consistent with C.R.S. § 37- 92- 305(9)(b). As part of this finding, the Court <br /> concludes that water is available in sufficient quantities and on sufficiently <br /> frequent occasions to complete the conditional appropriations with diligence and <br /> within a reasonable time. <br /> F. Findings for the City of Golden White Water Course (Extension). <br /> 1. Name of Structures. Golden intends to extend the length of the City of Golden <br /> White Water Course by constructing approximately 10 additional dam structures <br /> and water deflector control devices with boat chutes designed to concentrate and <br /> control the flows of Clear Creek for the beneficial uses claimed herein. The <br /> structures in the Extension are referred to as City of Golden White Water Course <br /> Structures 8 -18. Conditional water rights are sought for each of these additional <br /> structures. <br /> 2. Leea1 Description of Structures. The Extension structures will be distributed <br /> within the channel of Clear Creek in a reach beginning immediately below <br /> Structure 7 of the Course, as described above at paragraph 5(B)(vii), and <br /> extending approximately 2750 feet within the channel of Clear Creek, <br /> terminating at a point in the SW1/4 of the SW1/4 of Section 27, T. 3 S., R. 70 <br /> W., of the 6th P.M., approximately 1,300 feet North of the South section line and <br /> 800 feet East of the West section line, in Jefferson County. The location of the <br /> Extension is depicted on Exhibit A. <br /> 3. Source. The source for the Extension is Clear Creek, a tributary of the South <br /> Platte River. <br /> 4. Date of Initiation of Appropriation: December 30. 1998. The appropriation for <br /> the Extension was initiated before this date by formation of the requisite intent to <br /> appropriate for beneficial use coupled with actions sufficient to put third parties <br /> on notice of its intent. These actions include but are not limited to an authorizing <br /> resolution approved by Golden City Council. <br /> Page 8 of I1 <br />