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City of Durango <br />Case No. 06CW9 <br />Page 5 <br />8. Durango has a specific plan and intent to divert or otherwise capture, possess, and control <br />a specific quantity of water for specific beneficial uses. <br />9. Durango has demonstrated that unappropriated water is available in the amounts set forth <br />herein from the source claimed. <br />10. Durango has demonstrated that the water can and will be diverted and beneficially used, and <br />that the project can and will be completed with diligence and within a reasonable time. <br />11. The reach of the Animas River in which the Durango Boating Park is located is an <br />appropriate reach of stream for the intended recreational in- channel use. <br />12. Diversioriby Durango for recreational in-chameluse is a recognized beneficial use of water <br />under Colorado law. <br />13. The controlling of the claimed amounts of water during the claimed time periods by the <br />control structures described in paragraph 6.A. above and the use of such water for the <br />intended recreational in- channel uses: <br />A. Represents a reasonably efficient practice of diversion and beneficial use. <br />B. Represents the use of that amount of water that is reasonable and appropriate under <br />reasonably efficient practices to accomplish without waste the purpose for which the <br />appropriation was lawfully made. <br />C. Will create opportunities for the intended recreational experiences to occur, at the <br />minimum stream flows needed to provide the identified recreational experiences. <br />14. The intended recreational experiences are reasonable. By using the control structures <br />described in paragraph 6.A. above in a reasonably efficient manner to control that amount <br />of water that is reasonable and appropriate to accomplish without waste the intended <br />recreational in- channel uses, and by thereby providing opportunities for reasonable <br />recreation experiences to occur with the minimum amounts of water for each recreational <br />opportunity, the proposed appropriation of water meets the beneficial use standards <br />historically applied to water rights which standards are also to be applied to "recreational in- <br />channel diversions" as well as the standards applied specifically to "recreational in- channel <br />diversions." <br />