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I . Typical of most rivers and creeks in Colorado, spring snowmelt provides the <br />preponderance of available stream flows and the typical high flows that occur in mid - <br />June. <br />2. Clear Creek water availability to this pending action and any subsequent junior <br />appropriations is confined to a limited amount of time that is exclusive to spring runoff in <br />above average water years. <br />3. Any perceived threat by Golden to its claimed appropriation is minimal in both <br />magnitude and duration since the limited Clear Creek water supplies are fully <br />appropriated by senior downstream water rights that will call water through the white <br />water course. <br />Water Exchange Potential to the Church Ditch <br />1. In the December 5, 2000 report, applicant grossly exaggerated the potential for <br />adverse impact to Golden by exchanges to the Church Ditch. <br />Exchange Potential to Upstream Water Diversions <br />1. The amount and duration of future exchanges on Clear Creek upstream of the <br />white water course are limited in duration and magnitude by limited water supplies and a <br />plethora of downstream vested senior water rights. <br />Administration of Golden's Appropriative Claim <br />1. Terms and conditions are necessary to administer this water right in accord with <br />the available water supplies, the Doctrine of Prior Appropriation, and applicable <br />statutory /case law without waste. <br />Control Issues <br />1. The Golden Whitewater course does not exhibit the same degree of control <br />that the Fort Collins boat chute exhibited. <br />2. The Golden Whitewater course does not demonstrate the amount of control <br />required to meet the test of the Fort Collins boat chute case. <br />