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was not required. Id. at 929. The Court quoted section 37- 92- 103(7), 15 C.R.S. (1990), which <br />stated as follows: <br />"Diversion" or "divert" means removing water from its natural <br />course or location, or controlling water in its natural course or <br />location, by means of a ditch, canal, flume, reservoir, bypass, <br />pipeline, conduit, well, pump, or other structure or device. <br />Id.1 "Thus, to effect a diversion under the statute," the Court said, "water either must be <br />removed or it must be controlled." 830 P.2d at 930. Further, the Court held that "[c]ontrolling <br />water within its natural course or location, by some structure or device for a beneficial use .. . <br />may result in a valid appropriation." Id. The Court held that a dam qualities as a structure or <br />device and concluded that the Power Dam fit under the second part of the definition of <br />"diversion." 830 P.2d at 930, 932. It therefore remanded the claim for further findings as to <br />whether the boat chute and the fish ladder in the Power Dam put water to beneficial use. Id. at <br />932. The Court noted that if the boat chute did not let kayaks or other floatation devices pass <br />through the Power Dam and the ladder did not assist fish to scale the Power Dam, the lower <br />court could find that the waters claimed at the Power Dam were not being put to beneficial use <br />and the claimed appropriation could be denied for that reason. Id. <br />The fact that controlling water in its natural course by a structure, such as a dam, boat <br />chute, and fish ladder, can be a diversion does not, however, establish that Golden's structures <br />and devices actually do control water in its natural course within the meaning of section 37 -92- <br />103(7). In the Fort Collins, case, the Court stated that boat chutes and fish ladders, when <br />properly designed and constructed, are structures which concentrate the flow of water to serve <br />their intended purpose and may qualify as a "structure or device" which controls water in its <br />' Section 37- 92- 103(7) has been amended, but the amendment does not apply to <br />applications filed prior to January 1, 2001. Golden's application was filed in 1998; thus, the same version <br />of section 37- 92- 103(7) applies to Golden's application. <br />12 <br />