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for a whitewater course constructed on Clear Creek, a tributary of the South Platte River in <br />Water Division 1, as it flows through the City of Golden. Phase one of the whitewater <br />course was an approximately one -half mile -long project constructed in 1998. Phase one <br />consisted of seven drop structures tied into the bed and banks of Clear Creek, designed to <br />create waves, holes and eddies for whitewater boaters to use for recreation and competition. <br />In addition to construction in the streambed, the City of Golden built spectator seating and <br />bank stabilization structures as part of an overall downtown revitalization project intended to <br />draw spectators and pedestrians to downtown Golden. The course, as built, is considered one <br />of the premier whitewater courses in the United States and has hosted at least one world class <br />competition. Phase two of the project will be a mile -long downstream continuation of the <br />existing course. <br />At trial, the State argued that Golden was seeking an instream flow water right, that it <br />did not control the water within the course, and that its excessive appropriation of more than <br />the minimum amount necessary to create whitewater features constituted waste and was <br />contrar to the doctrine of maximum utilization. The State also re�c n ested that the Wate <br />Court define the duty of water for recreational uses. <br />The Water Court rejected the State's arguments and granted absolute and conditional <br />water rights to the City of Golden for its whitewater course on Clear Creek. The Water Court <br />granted absolute water rights for the part of the course built in 1998 for every month of the <br />year and for all daytime hours. The Court granted conditional water rights for both phase one <br />and phase two of the project. The conditional water rights granted to phase one of the project <br />were for flow rates in excess of those made absolute, and for water rights at night. The total <br />of the conditional water rights granted to Golden exceeded 250,000 acre feet per year while <br />the average flow of Clear Creels through the course is about 130,000 acre feet per year. The <br />Court did not define or address the issue of what the duty of water is for recreational uses. <br />On appeal, among other arguments, the State will argue that this court should <br />repudiate portions of its prior decision in Thornton v. Ft. Collins 830 P.2d 915 (Colo. 1992) <br />( "Ft. Collins ") and for the reasons set forth herein, reverse the Water Court's decree in this <br />case. <br />B. The judgment appealed and statement of the basis for appellate jurisdiction <br />The entire water court judgment and decree in Case No. 1- 98CW448 ( "Decree ") is <br />being appealed. The Supreme Court has jurisdiction pursuant to C.A.R. 1 (a)(2), 4 (a), and <br />section 13- 4- 102(1)(d), 5 C.R.S. (2000). <br />C. Whether the judgment or order resolved all issues including attorneys' fees <br />and costs. <br />2 <br />