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The Rio Grande Water Conservation District, the Southwestern Water Conservation <br />District, the City and County of Denver, acting by and through its Board. of Water <br />Commissioners, the City of Aurora, acting by and through its Utility Enterprise, the Dolores <br />Water Conservancy District, the Central Colorado Water Conservancy District, the Groundwater <br />Management Subdistrict of the Central Colorado Water Conservancy District, the Jackson <br />County Water Conservancy District, the Lower South Platte Water Conservancy District, the <br />Colorado Water Congress, the Colorado Farm Bureau, and the Rio Grande Water Users <br />Association, by their respective attorneys, file this brief as amici curiae. <br />I. Statement of the Issues Presented for Review <br />1. Do the structures and the flow deflector devices installed by the City of Golden in <br />the channel of Clear Creek for its kayak park constitute a "diversion" within the meaning of <br />section 37 -92- 103(7) 10 C.R.S. (2001)? <br />2. Are the amounts of water claimed by Golden, and awarded by the water court, <br />beneficial within the meaning of section 37 -92- 103(4), 10 C.R.S. (2001), that is, are they "the <br />use of that amount of water that is reasonable and appropriate under reasonably efficient <br />practices to accomplish without waste the purpose for which the appropriation is lawfully <br />r <br />made "? <br />II. Statement of the Case <br />A. Nature of the Case. <br />The appellee, City of Golden ( "Golden "), filed an application for surface water rights to <br />appropriate conditional and absolute water rights for in- channel recreational boating use along a <br />segment of Clear Creek through the city's kayak park. (Record V.3, at 542.) <br />2 <br />