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B. The Course of Proceedings and the Disposition Below. <br />The application, which was filed on December 30, 1998, claimed monthly and hourly <br />cubic feet per second (c.f.s.) designations, ranging from 70 c.f.s. in December through March to <br />1,000 c.f.s. in May through July. (Record V.3, at 542, 545, 549.) Golden's kayak park consists <br />of seven separate water deflector devices, which Golden designated as diversion structures. (Id. <br />p. 542). The city plans to expand this park to include ten more devices. (Id. at 548). Golden <br />claimed that these devices were designed to divert and control water and put the Clear Creek <br />water flow to beneficial use when kayakers and/or other boaters used the course. (Id. at 545). <br />This appeal arises out of the water court's final decree. The Water Judge approved <br />Golden's application for conditional and absolute water rights. In doing so, the court awarded <br />absolute and conditional rights for the existing devices as well as conditional rights for the <br />proposed devices. <br />C. Statement of Facts <br />Pertinent findings of fact and conclusions of law entered by the Water Judge are as <br />follows: <br />6. Absolute and Conditional Amounts. Golden is entitled to an <br />absolute decree for those flow rates that have been put to <br />beneficial use, i.e., actually used to date by boaters running the <br />.Course. The absolute water rights claimed by Golden in the <br />application were based, inter alia, upon measured flows at the <br />Clear Creek Gage when the course was in use by boaters.... <br />Where the evidence has tied a given use to a <br />contemporaneous flow rate, the court concludes that the <br />maximum such coincidence of use and flow rate, in a given <br />month, establishes flow rate for that month for which Golden is <br />entitled to an absolute decree. <br />The court also distinguishes between day and night use, <br />inasmuch as there is a substantial difference in density of use <br />before and after dark.... [P]erfection of nighttime rights must <br />be established from uses that occur between one -hour after <br />3 <br />