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Case No. 01SA252 Brief of Amici Curiae February 2002
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Case No. 01SA252 Brief of Amici Curiae February 2002
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Case No. 01SA252 Brief of Amici Curiae February 2002
State
CO
Date
2/7/2002
Author
Robbins, David W.; Montfomery, Dennis M.; Wells, Patricia L.; Lawrence, Kim R.; Maynes, Frank E.; Dingess, John M.; Miller, Lee E.
Title
Case No. 01SA252 Brief of Amici Curiae February 2002
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claim the entire flow of the river for recreational boating or fishery and wildlife purposes. <br />Similar structures on the Yampa, the White, and the Dolores Rivers could effectively lock up the <br />entire or substantial flows of those rivers for in- channel recreational boating or fishery and <br />wildlife purposes. If such rights were recognized, the opportunities for the people of the state of <br />Colorado to further develop waters of the Colorado River to which the state is equitably entitled <br />under interstate compacts would be effectively eliminated. Similarly, on rivers such as the Rio <br />Grande, the Arkansas, the North Platte, and the South Platte, construction of structures of this <br />sort could eliminate or impair future exchanges and/or uses designed to maximize the beneficial <br />use of the waters 'of the state. Structures on federal property along the Rio Grande and the North <br />Platte at the Stateline, on the Arkansas River in Browns Canyon or on the South Platte in the <br />South Platte Canyon, would create significant adverse consequences for future water use and <br />management by the citizens in those basins. <br />In this case, the water court concluded that substantial flows, merely deflected by <br />structures to create whitewater features within the stream channel, the surface of which is used <br />by kayakers and other boaters, are reasonable to accomplish the purpose of elite whitewater <br />kayaking competitions from which Golden derives substantial economic benefit. Similar <br />appropriations on other rivers at other locations would threaten the ability of the people of <br />Colorado to use waters to which the State of Colorado is equitably entitled. Applications are on <br />file in Water Divisions No. 2, and No. 5 that seek flows for recreational uses that represent a <br />significant portion of the flows in streams that could eliminate or significantly diminish the <br />opportunity of others to pursue changes of water rights or exchanges necessary to secure the <br />maximum utilization of the state's water supplies. In awarding large amounts of water to Golden <br />10 <br />
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