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sundown and one hour before sunrise. Tying decreed flow rates <br />to actual diurnal and monthly use will limit Golden's <br />appropriation to that amount of water actually put to beneficial <br />use at given points in time. <br />(Record V.3, at 544) (footnotes omitted). <br />7. Diversion and Control: The design capacity of the Course is <br />1,000 c.f.s..... All of the structures function at the optimal <br />level to concentrate and control the flow of water, to create <br />waves and jets of water, self - scouring pools, hydraulic holes, <br />large changes in current direction, and other white -water <br />features that are used by kayakers and other boaters for <br />recreational purposes. In addition, while over - topping directly <br />affects the above features and begins to camouflage them, <br />initially it does not destroy the features. The flow rate, above <br />which the Course's structures are inundated to the point that <br />they no longer create detectable white -water features, has not <br />been established; hence, the 1000 cfs sought by Golden is <br />reasonable in light of its intended use. <br />The Course structures can also divert and control water at <br />the claimed monthly flows that are less than 1,000 cfs. <br />Minimum control occurs at 20 cfs, and white water features <br />begin to develop at 200 cfs. <br />In view of the foregoing, the Court finds that the structures <br />in the Course control, concentrate and direct the flow of water <br />through the Course in a manner that constitutes a diversion <br />under C.R.S. § 37 -92- 103(7). City of Thornton v. City of fort <br />Collins, 830 P.2d 915, 930 (Colo. 1992) ( "[C]ontrolling water <br />within its natural course... by some structure or device for a <br />beneficial use thus may result in a valid appropriation. "). <br />Accordingly, the Court finds that the seven Course <br />structures have diverted and controlled water flows for the <br />claimed absolute amounts.... <br />(Record V.3, at 545 -46 (emphasis added).) <br />8. Beneficial Use: As detailed above, water in-the amounts <br />claimed absolute for the Course right have been beneficially <br />used for recreational boating purposes. § 37- 92- 103(4). <br />Moreover, the City of Golden derives substantial economic <br />benefit from the recreational use of the Course. This benefit has <br />been an important factor in the economic redevelopment in the <br />Golden downtown area. <br />E <br />