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

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JUN -07 -2002 16:10 FROM -DOL NATURAL RESOURCES OOCW281, Div. 5 Decree 3038663558 T -458 P- 014/018 F -678 outer portions of the Park structures are not overtopped. The design and construction ofthe Park also allows passage by recreational water craft during periods of low flow rates, where passage was not possible prior to construction. The low flow passage is possible because the Park design diverts and concentrates all of the Blue River flow through a constructed low flow channel, rather than allowing the flow to be thinly dispersed across the natural stream channel. Although the structures were designed and built to look as natural as possible, the structures completely diver and control the streamflow. The structures produce whitewater features at flows in excess of 100 cfs and maintain and enhance those features up to a flow of 500 cfs. In view of the foregoing, the Court finds that the structures in the Park control, concentrate and direct The flow of water though the Park in a manner that constitutes a diversion under C.R.S. § 37 -92- 103(7)(2000). City of Thornton v. City Qf fort Collins 830 P,2d 915, 930 (Colo. 1992)( "controlling water within its natural course ..... by some structure or device for a beneficial use thus may result in a valid appropriation'): Decree ofthe District Court in and for Water Division No_ 1 in Case Na. 98CW448, dated June 13, 2001, regarding the Application for Water Rights ofthe City of Golden. Moreover, under the facts of this case, the Park structures accomplished this diversion in an efficient manner without loss or waste. Accordingly, the Court finds that the 15 Park structures are capable of efficiently diverting and controlling the water flows without waste for the claimed conditional amounts as identified in the monthly chart in paragraph 4(F) above_ H. Beneficial Uses Recreation is a beneficial use of water in Colorado. The Court finds that the water claimed conditionally in the amounts described in paragraph 4F above can and will be beneficially used for recreational boating purposes. C.R.S. § 37 -92- 103(4)(2000)_ Moreover, the Town ofBreckenridge has and will continue to derive substantial economic benefits from the recreational use of the Park, particularly during the spring and early summers months when there are higher flows in the Park. These higher flows attract the greatest number of users, spectators and competitive events. These users and spectators spend many thousands of dollars in Breckenridge, especially when competitive events are held. This is particularly important to a municipality such as the Town of Breckenridge whose economy is based on tourism and where such tourism is traditionally at its lowest during these "shoulder months". In addition, competitive whitewater events are scheduled to occur at the Park beginning in 2002. Therefore, the evidence was uncontested that the economic value to the Town of Breckenridge will continue to increase as the Park attracts increasing numbers of boaters and spectators from the region and out of state. It was uncontested that the higher the flows, the greater the Park usage and the attendant economic benefit. The testimony demonstrated that when flows are at the 500 cfs level, the Park is accessible to intermediate, advance- intermediate, expert, and even world class boaters. Intermediates use the easier parts of the Park, while more experienced boaters utilize more challenging structures in the Park. The evidence also demonstrated that the ability to continue to attract competitions depends on the possible availability of high flows in the 500 cfs range. Furthermore, the usage of water by the Park is non consumptive and available for reuse and diversion downstream ofthe Park. The structures do not create whitewater features at flows less than 100 cfs. fd6970 ��