Recreation Water Rights - "The Inside Story"

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Recreational In- Channel Diversions (RICDs) Glenn E. Porzak, Esq. B. The Golden Boating Park. The idea for a boating park on Clear Creek in Golden emerged from citizen initiative, primarily from kayakers who wanted a place to practice their skills in the Front Range metropolitan area, and who were convinced that Clear Creek, as it exits the mountains and passes through downtown Golden could be transformed into an exceptional whitewater venue. Pushed by the kayakers, the City hosted a series of public meetings at which the idea was thoroughly discussed. Initially reluctant City officials were eventually convinced that not only was construction of the proposed park feasible, but that such a park would attract large numbers of people to the downtown area and help spark a much - needed revitalization. The Golden City Council approved the construction of the boating park with the intention of building a facility that would draw boaters from around the Front Range of Colorado and would be capable of hosting elite and Olympic- caliber events that would attract people from around the country, and even around the world. Based on the input received from kayakers, rafters and park supporters, and after considering historic flow data, Council directed the construction of a world -class boating park. The City hired Gary Lacy, a world- renowned course designer, expert engineer, and avid boater, to design the course. Mr. Lacy designed the course to operate optimally at a flow rate of 1,000 cubic feet per second ( "cfs "). The original course consisted of seven structures, using 4,000 tons of rock and 800 tons of grout or cement. The diversion dams were designed and built to be natural in appearance, but at the same time were highly engineered structures built eight feet down into the streambed and 15 feet into each stream bank. The dams were built with low flow and high flow boating channels or chutes to concentrate the water under different hydrologic conditions. The structures completely modified what had been a uniform stream channel. Spectator seating was constructed adjacent to the course. The enormous popularity of the initial boating park prompted City Council to authorize construction of an "extension" that would lengthen the course and add more features. Then, on December 30, 1998, the City filed for water rights to ensure there would be sufficient flows in Clear Creek to protect the investment it had made in the boating park. Just as important, the City sought to protect the significant secondary economy that had grown around the boating park, and which had already helped to revitalize the downtown, river - corridor economy. C. The Golden Application. Golden's application sought conditional and absolute water rights for the diversion structures in the boating park. Golden asked for confirmation of absolute rights for a portion of the claimed flow rates for the seven structures already built and in use on Clear Creek, ranging from a high of 992 cfs to a low of 75 cfs, based on measured instantaneous peak flows at the closest gage during each month in 1998. The City requested conditional rights for flow rates at the same structures that varied by month, up to 1,000 cfs in May, June and July. This was based on the design capacity of the park and the hydrology of Clear Creek. Golden also sought conditional water rights for the additional structures it contemplated building in the boating park extension. The application was specifically based on the statutory definition of diversion at C.R.S. § 37- 92- 103(7), as expressly interpreted in the Ft. Collins decision. CLE INTERNATIONAL ■ PAGE K -4 ■ COLORADO WATER LAW