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City of Durango <br />Case No. 06CW9 <br />Page 6 <br />15. The adjudication and administration of the Durango Boating Park recreational in- channel <br />diversion water rights will not impair the ability of Colorado to fully develop and place to <br />consumptive beneficial use its compact entitlements. <br />16. The adjudication and administration of the Durango Boating Park recreational in- channel <br />diversion water rights decreed herein will promote maximum utilization of water of the State <br />as referenced in paragraph (a) of subsection (1) of § 37 -92 -102, C.R.S., or as discussed in <br />broader terms in case law. The Durango Boating Park recreational in- channel diversion <br />water rights decreed herein control water and place it to the intended beneficial uses via a <br />reasonably efficient means of diversion without waste. They are non - consumptive and <br />should have a positive economic impact on Durango. They do not preclude other water <br />development opportunities. <br />17. There are no existing decreed instream flow water rights on the Animas River in the <br />Durango Boating Park stream reach, or any affected downstream reach of the Animas River. <br />Exercise of the Durango Boating Park recreational in- channel diversion water rights decreed <br />herein will not cause material injury to any CWCB instream flow water rights. <br />18. The Durango Boating Park recreational in- channel diversion water rights, if exercised and <br />administered in accordance with the provisions of this decree, will not cause injury to any <br />owner of or person entitled to use water under any vested water right or decreed conditional <br />water right. <br />CONCLUSIONS OF LAW <br />19. The Court has jurisdiction over the subjectmatterof this application and over allpersons and <br />water rights affected hereby, whether they have appeared or not. <br />20. Timely and adequate notice of this proceeding was given in the manner required by law. <br />21. Durango has complied with all requirements and met all standards and burdens of proof and <br />is therefore entitled to a decree confirming and approving the Durango Boating Park <br />recreational in- channel diversion water rights as described herein. <br />22. The Durango Boating Park recreational in- channel diversion water rights, if exercised and <br />administered in accordance with the terms and conditions ofthis decree, will not cause injury <br />to any owner of or person entitled to use water under any vested water right or decreed <br />conditional water right. <br />