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Nov 08 04 11:57p ov o ffi wa nt er uot - ials. re cre a t n Kristen. - - : Chaffee County officials are exploring ' the idea of filing for a recreational in- channel diversion right to help protect recreational water interests on the Arkansas River. A recreational in channel - diversion right; or _XCD, can be awarded if there is a "structure," such as the kayak play holes in river park :1n Salida. The r uling comes from SB -216 cre- -ated by the Colorado House. "You can go to. court; prove (the structure) :.captures and controls water and puts it to iecreational-use, and then file for a (water) right; Mike Harvey of the Arkansas River• Trust said. River trust members asked the county - to consider filing for the water right; ,something -first atone by Golden. in 2000, Harvey said. ` a`he court said it was a beneficial use of .water. It was the first time a recreational use was - awarded aright," he said. After Golden -won its right, Vail, Brecken- ridge and Gunnison filed for and were award - ed rights, and Steamboat and Aspen are in.the water rig process. Harvey and other proponents of -.the recce- . a - clonal diversion say it.could help protect the - community's financial investment in the river' . park and economics in the county_: `It would he a junior water 'right, yes, but 30-40 years from � now when we have continu- ing demand to our water; the eitizens will have something in their .pocket to help them," Har- vey said:. Currently, flows in the Arkansas River-'are a . each summer using the voluntary. flovP program, through which. outside water users transport their water vm the river, gnat ,.._. anteeing 700 cubic feet per second flow The program, although - voluntary, -has ed for imany.years and is an agreement unlike= any other in Colorado: -: j`M a great agreement and a big. deal, but'. it's not legally bindiae Harvey said: "It does- n't ensure my kids w.ill.have the - same flows I:- have today." Terry Scauga, director of the= Upper-.':•; Arkansas dater Conservancy District, said'; =. the voluntary flow program is one reason not See FLOW, back pie .to seek- recreational in- channel. diversion.., "There is already a volun.= tart' flow- pgogr-am that .actu- ally delivers :water to .the - stream; Scang -a said. . I'he (Ii�CD).-would only be in call during- flood times, when it's - :unnecessary any - way'..- When:rieeded, the right w�. haveh� affect."• Scamga -said. if Chaffee _Com* files for_= -a. recreational x gbt ;: iii, Fill =send - message to. panic p -aats: in, the volun- taryi ow _Program.- ``It's_a.alitaca statement to tlieini'° Sc g s:s' s ay id , I think crt3r,co�ncsls,il `tbe heck witl then' ;a►ad ,z�ot parti.ci- pateji.the fld� ogram" n -g a suggested instead of frI- in.g- - for . a water local -groups and flow pro- gram partia- pants should work to "bol =.. Mike Harvey ster" the -pro -• gram. Harvey said he would .not close "the door on farther negotiations with flow pro- gram members: "We have had a very coop- erative zelationshipr with users on this river, and I. don't want to see it stop;" Harvey said. "But if we could reach good body what they .want and water more - protection, I'd be, all for it." Scauga said another reason he -doemt m4Tort the request . for the RICD is financial resti-aiizts. - - .`The best example ?..rig'Ett . here in our ba sin, is the. City of Pueblo," S cang a -said. . "T e3eve spent .more than $1-mill o* n. -I believe here it will be more contentious and be double.the.cost " Representatives from many groups, - including the county anal. Salida, the UAWCD, ART and other local riveit users met last week to fling'. far the. right " County officials said -they will continue disccussion.o= the p.1