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W. States Life Ins., 908 P.2d 79, 84 (Colo. 1995). Under the well - established rule of <br />interpretation, expressio unius exclusio alterius, the inclusion of certain items implies <br />the exclusion of others." Dill v. People, 94 Colo. 230, 235, 29 P.2d 1035, 1037 <br />(1933). The inclusion of the word impoundment "implies the exclusion of all not <br />expressed, although all would have been implied had none been expressed." Denver <br />Joint Stock Land Bank v. Markham, 107 P. 2d 313, 316 (Colo. 1940). The inclusion <br />of specific language concerning impoundment implies the exclusion of non - <br />impounded water for recreation. If the Legislature had not intended that water not be <br />impounded for recreation, it would not have included that word in the statute. <br />CONCLUSION <br />The applicants for the Vail and Breckenridge whitewater courses must prove at <br />trial that the water claimed for recreational uses has been impounded under section 37 -92- <br />103(4) in order to obtain an in- channel recreational water right. <br />KEN SALAZAR <br />Attorney General <br />- /� lj L_ � <br />SUSAN SCHNEIDER, 19961* <br />Assistant Attorney General <br />Natural Resources and Environment Section <br />Water Rights Unit <br />Attorneys for <br />Colorado Water Conservation Board <br />State and Division Engineers <br />Telephone: (303) 866 -5046 <br />FAX: (303) 866 -3558 <br />*Counsel of Record <br />