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Apache Tribe v. United States 657 F.2d 1126 (10th Cir.1981) for the proposition that <br />reservoirs cannot be used solely for recreational purposes. Id. at 339. Thus, the Court <br />has recognized the requirement that recreational and piscatorial water rights only be <br />incidental uses and that the water be impounded. See also Application for Water <br />Rights, 929 P.2d 718 (Colo. 1996) (recreation and piscatorial incidental uses); Bijou <br />Irr. Dist. v. Empire Club, 804 P.2d 175 (Colo. 1991)(recreational and piscatorial uses <br />incidental, but denied nonetheless). <br />Fort Collins constructed its boat chute within a substantial dam that <br />impounded the water, and recreational uses was added later to its original request for <br />municipal uses. In summary, "beneficial use" allows "the impoundment of water for <br />recreational purposes, including fishery and wildlife" but does not allow water to be used <br />for recreation purposes in the stream. <br />CONCLUSION <br />Dated this 29 day of April 2002. <br />KEN SALAZAR <br />Attorney General <br />SUSAN SCHNEIDER, 19961 <br />JOHN CYRAN, 23144* <br />SHANA SMILOVITS, 32186* <br />Assistant Attorneys General <br />Water Rights Unit <br />Natural Resources and Environment Section <br />Attorneys for State of Colorado <br />*Counsel of Record <br />