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one just above the Roller Dam east of Grand Junction, would a decree be entered for that entire <br />(approximately 90 mile) "recreational reach"?' <br />3. Similar "Instream" Use Decrees Could be Obtained. <br />If this decree is upheld, other individuals and entities could claim an appropriation of flows <br />within the channel for additional in- channel purposes with the same minimal level of "control." One <br />example that readily comes to mind is the potential for appropriations by the U.S. Fish & Wildlife <br />Service or the Bureau of Land Management for recreational, piscatorial or wildlife uses. In fact, the <br />U.S. Forest Service is currently contemplating such filings. Ina November, 2000 document entitled <br />Water for the National Forests and Grasslands, the U.S. Forest Service examined ways in which to <br />protect instream values and noted: <br />The Forest Service and the OGC water team leader should jointly evaluate the <br />feasibility of placing some physical "structures" such as fish habitat improvement <br />measures, or a staff gage and water level recorder structure, in streams where we plan <br />on claiming "dominion and control" over a certain amount of instream flow as a new <br />technique for seeking instream flow rights in those states where recent court rulings <br />appear to support such an approach by certain parties. New Mexico, California, <br />Idaho, and Colorado courts might accept this approach in certain situations. <br />Id. at 16. Thus, some minor rearranging of the stream bed and modification of flow patterns through <br />the placement of rocks, logs, etc. so as to allegedly benefit the fishery could lead to a decree that <br />In discussing the elements of an appropriation, the court in Empire Lodge Home- <br />owners' Association v. Move , OOSA211, 2001 Colo. LEXIS 1061 (2001), noted that "water <br />rights are decreed to structures and points of diversion." Id. at *20. This concept does not easily <br />fit into the type of claim now sought by Golden. <br />CADATATilheAGolden AppealTull Brief 2 -7 -02 glmwpd 1 1 <br />February 7, 2002 (1:30pm) <br />