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5. Intent to Appropriate. The Court finds that Golden had the requisite intent to <br /> appropriate water for the Extension in the amounts claimed, in the months <br /> claimed, for recreational boating and piscatorial purposes. <br /> 6. Beneficial Use. The court finds that Golden intends to use the rights to the <br /> Extension for the same beneficial uses described in Paragraph F(8), above. <br /> 7. Can & Will. The unrebutted evidence indicates that Golden can and will perfect <br /> said appropriations within a reasonable time consistent with C.R.S. § 37-92 - <br /> 305(9)(b). As part of this finding, the Court concludes that water is available in <br /> sufficient quantities and on sufficiently frequent occasions to complete the <br /> conditional appropriations with diligence and within a reasonable time. <br /> 8. Amount. The conditional rights decreed to the Extension are set forth in Table 3. <br /> As with the White Water Course, conditional rights must be perfected separately <br /> for each 12 -hour period between 6:00 a.m. and 6:00 p.m. However, perfection of <br /> nighttime rights must be established from uses that occur between one -hour after <br /> sundown and one hour before sunrise. <br /> Table 3 <br /> Jan Feb Mar Apr May Jun ' Jul Aug Sep Oct Nov Dec <br /> Claimed cfs 70 70 70 255 1000 1000 1000 559 251 143 103 70 <br /> Absolute 0 0 0 0 0 0 0 0 0 0 0 0 <br /> Conditional cfs 70 70 70 255 1000 1000 1000 559 251 143 103 70 <br /> Colorado's Compact Entitlements. There is no evidence of any intent on the part of <br /> Golden to export water outside of Colorado, and the water rights sought in the application will <br /> not have that effect. Because the rights sought in this matter are on Clear Creek in Golden, <br /> immediately upstream of major industrial, municipal and agricultural diversions of area in -state <br /> water users, it will not negatively impact Colorado's ability to use its compact entitlements. The <br /> unrebutted testimony of the former State Engineer, Dr. Danielson, established that the water <br /> diverted by the Course and Extension will be beneficially used and reused by downstream <br /> appropriators up to seven times before it reaches the Colorado - Nebraska state line. The State <br /> conceded at trial that there is no adverse impact on Colorado's compact entitlement as a result of <br /> this water right. <br /> Time of Use. The evidence demonstrates that the Course is used every month and can be <br /> used both during the day and at night. The decreed conditional and absolute amounts are set <br /> forth in Tables 1, 2 and 3 above. <br /> Page 9 of 11 <br />