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Future Exchanges, without causing any eduction in flow or injury to downstream <br />water rights, and without causing injury to upstream senior water rights. C.R.S. § 37- <br />92-102 (6)(b)(V). See also j 12(f). <br />(f). Reasonableness and Waste. The Court concludes that the amounts of water decreed <br />for the R1CDs are reasonable and appropriate, under reasonably efficient practices, to accomplish <br />without waste the purpose for which the appropriation is lawfully made. C.R.S. § 37-92- <br />I03(4)(2000). The Boating Parks divert, capture and control the full amount of the claimed <br />appropriations, with varied recreational experiences associated with the varied flow levels and <br />diversions, and increasing beneficial use and economic value associated with increasing flow <br />levels and diversions, within the design capacity of the structures: Reasonableness of the <br />appropriations is also reflected by the compromise settlement with other water users so as to <br />allow for Reduced MCD Calls to facilitate certain future exchanges and by limiting the claimed <br />:appropriation during much of the year to levels sought to be protected by the voluntary flow <br />management program ( "VFMP "). The VFMP, which was also addressed in the MOU, provides <br />for the timing of downstream deliveries of water imported into the .Arkansas River basin so as to <br />augment flows to help achieve target flow levels for the benefit of the fishing and boating; <br />industries. The VFMP benefits the RICDs decreed herein when augmenting flows, and the <br />RICDs benefit the VFMP by limiting future exchanges against native flows that could increase <br />the need for augmentation_ <br />(g). N�htgme Use. The primary use of the Boating Parks is from sunrise to one hour <br />after sunset, except when nighttime boating events are planned ( "Boating Park Hours "). Thus, <br />the RICD water rights shall only call for water during those Boating Park Hours. Nighttime <br />boating events included within Boating Park Hours require notice to the Division Engineer at <br />least one week prior to the event and are limited to the 8 Event Days and up to six additional <br />nighttime events, for a total of fourteen in any given year. Other factors, including the travel <br />time of water from upstream facilities and between the two Boating Parks; will limit the future <br />ability to reduce the flows during other hours without impacting flows during :Boating Park <br />Hours at both the B,V. Park and-thee-Salida Park (rather than the Wellsville gage). Thc:parties in <br />this case further recognize that daily fluctuations in flow in excess of ten to fifteen percent of <br />stream flow may have adverse impacts on fish and wildlife habitat, which should be avoided to <br />the extent possible, while still fulfilling all the requirements and rights under this Decree. <br />(h). Administration. The water rights for the Boating Parks can be administered using <br />currently available gages and may call for water in priority, The County has agreed; as part of <br />compromise negotiations, to have a single point of administration for the RiCDs decreed herein <br />at the existing Wellsville gage located just below Salida, which is also the gage used in the <br />V1 =MP. Since the .Arkansas River is a gaining stream, the flows at the Salida Park and B.V. Park <br />will be less than at the Wellsville gage, and that fact was taken into account in all findings by the <br />Court. <br />Its the event that the Wellsville gage ever becomes inoperable, Chaffee County shall <br />provide timely written notice to the counsel of record for the parties in this case of such <br />inoperability, and the operable gage closest to the Wellsville gage, or such other gage or gages as <br />the Division Engineer may reasonably determine, after providing the parties a reasonable <br />10 <br />