My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
Case No. 01SA252 Brief of Amici Curiae February 2002
CWCB
>
Water Supply Protection
>
DayForward
>
5001-6000
>
Case No. 01SA252 Brief of Amici Curiae February 2002
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
7/13/2012 10:27:38 AM
Creation date
7/12/2012 4:20:27 PM
Metadata
Fields
Template:
Water Supply Protection
Description
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
Water Supply Pro - Doc Type
Court Documents
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
30
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
Show annotations
View images
View plain text
The Court further finds that this beneficial use at the <br />conditional amount claimed is reasonable and there is no waste <br />as the higher the flows, the greater the Course usage, and <br />attendant economic benefit. The testimony was unrebutted that <br />when flows are at the 1,000 cfs level, the Course is accessible to <br />intermediate, advanced intermediate, expert, and even world - <br />class boaters.... <br />Testimony demonstrated that flows of 1,000 cfs and higher <br />are also best for the elite competitions .... The Court <br />concludes that Golden derives substantial economic benefit <br />from competitions held on the Course.... Golden's ability to <br />continue to attract such competitions depends on the possible <br />availability of high flows in the 1,000 cfs range. <br />The Court concludes that high flow rates are a critical <br />component of the Course as an attraction and amenity for <br />Golden. For all the foregoing reasons, the Court concludes that <br />flows of up to 1,000 cfs can and will be put to beneficial use <br />and not wasted. <br />(Record V.3, at 546 (emphasis added).) <br />9. Reasonableness: The Court concludes that the amount of water <br />claimed by Golden is reasonable to serve Golden's purposes in <br />making the appropriation. The question ... is ... whether the <br />amount claimed is reasonable for the purposes for which <br />Golden made the appropriation... . <br />... In a dry year, 100% of the water claimed for the Course <br />is already subject to a downstream senior call. In an average <br />water year, approximately 84% of the water that passes through <br />the Golden Course is subject to such a call. Thus, in an average <br />water year, only 16% of the water claimed by Golden is not <br />already subject to a downstream, senior call.... <br />... Water rights in Colorado are quantified according to the <br />amount of water that is reasonable to serve the appropriator's <br />intended beneficial use. <br />(Record V.3, at 547.) <br />CONCLUSIONS Ur LAW <br />Diversion Structures: Pursuant to C.R.S. § 37 -92- 103(7), a <br />diversion of water may include "controlling water in its natural <br />
The URL can be used to link to this page
Your browser does not support the video tag.