Findings of Fact, Conclusions of Law and Decree of the Court

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h. Beneficial Use The Boating Park RICD is decreed for only the following recreational uses in and on the Yampa River: boating, kayaking, inner tubing, rafting, and canoeing. Recreation a beneficial use of water in Colorado. C.R.S. § 37 -92- 103(4). i. The Boating Park RICD Does Not Involve Waste The Court finds that the two Boating Park structures were designed for an optimal flow of at least 1400 cfs. It is at those higher flows where the Boating Park turns into a competitive facility for events, river festivals, and use by the general public. Since the requested water rights (up to 1400 cfs) have or will be put to beneficial use, there is no waste. j. Minimum Flows for Reasonable Recreation Experiences Pursuant to C.R.S. § 37- 92- 103(10.3) and the Gunnison decision, a RICD is limited to the minimum flow for a reasonable recreation experience in and on the water. The "reasonable recreation experience" required for a RICD as noted at section 37 -92- 103(10.3) necessarily depends upon the intended recreational use. See Gunnison at 594. The City's purpose in constructing the Boating Park was to create a recreational amenity that would draw boaters and spectators to the region. Specifically, the Boating Park was built to generate greater tourist revenue outside the ski season by meeting the recreational boating and tubing demands of the City's citizens and visitors, and creating a venue for special events. The Court finds that the City has claimed flow rates in amounts and at time intervals to meet these reasonable objectives. The flow rates claimed were developed by the City as part of a multi -year, intensive planning process for its Yampa River corridor. The City identified and established suitable recreation activities with corresponding stretches of river in order to develop quality recreational opportunities for many different recreational users. Given its location, the Boating Park focuses use of the Yampa River in a manner consistent with the City's overall river management objectives, as explained in its river use ordinances and its comprehensive Yampa River Management Plan adopted in 2003. The flow rates claimed and decreed herein were developed by the City and its Citizens Advisory Committee out of that intensive planning process, and were carefully tailored to be the minimum necessary to meet the City's objective for the Boating Park section of its Yampa River corridor. The Yampa River basin is not over - appropriated, and a variety of water development strategies, including new junior diversions and exchanges from downstream, can be used to support development of the Yampa River basin above the Boating Park through projected build - out. The Gunnison decision suggests such considerations might be relevant in determining whether a claimed flow rate is for a "reasonable recreation experience." Gunnison at 602. -5- tk0236