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bath being operated at the same time by multiple entities, the County shall never be required to <br />call for less than 1500 efs for Event Days or less than 1100 cfs on weekend days during the 30- <br />Day Period that are not Event Days, or less than l i100 efs for the remainder of the 30 -Day Period <br />that is not an Event pay or weekend day. Exchange capacity rnade available by the Reduced <br />R.ICD Call shall be available to any water user in priority. <br />The Court finds the above compromise both reasonable and practicable in addressing the <br />concerns of water supply providers while reasonably protecting the recreational use and values <br />sought to be protected by the RICDs, The Court recognizes that the State and Division Engineer <br />are not a party to the MOU or to the separate Stipulations and those documents are only <br />---------- <br />Exchanges and Recovery Year Exchanges. In order for the Division Engineer to administer the <br />Reduced R1CD Call, the Applicant shall provide written notice to the Division Engineer of the <br />Reduced RICK Calls and any changes to the Deduced RICD Call that may occur during the 30- <br />Day Period in a timely fashion. <br />11. Beneficial Uses. The decreed beneficial uses for the RIM at each structure in the Parks <br />are boating, kayaking, tubing, rafting, floating, and canoeing. <br />12. Additional Findittas ofthe Court in Support of Water Rights. <br />(a). Diversion and. Control. The design capacities of the existing Salida Park and E.V. <br />Park Structures corresponds to at least 1,800 of-, when measured at the Wellsville gage, which <br />allows flows of that amount to be fully captured by the high flow channel constructed into each <br />structure without overtopping. Flows up to the design capacity are efficiently controlled, <br />concentrated and diverted, without waste, to create waves and jets of water, self-scouring pools, <br />hydraulic holes, large changes in current direction, and whitewater features that are used by <br />kayakers and .other boaters for the intended recreational purposes. A low flow channel <br />constructed into each structure controls and concentrates water at low flow to allow passage of <br />boats :Rough each structure at lower flows. <br />In view of the foregoing, the Court finds that the structures in Salida Park and i3. V. Park <br />control, concentrate and direct the flow of water though the Parks in a manner that constitutes a <br />diversion under C.R.S. § 37- 92- 103(7)(2004), at all flow rates up to the maximum claimed at <br />paragraph 9, above. See Colorado Water Conservation Board v. L pper Gunnison River Water <br />Conservancy District, 109 P, 311385, 591 (Colo. 2005). <br />Accordingly, the Court finds that the Boating Park structures are capable of efficiently <br />diverting and controlling the water flows without waste for the claimed conditional amounts as <br />identified above, <br />(b). 13engfciat Else. Recreation is a. beneficial use of water in Colorado and this includes <br />RICDs. C.R.S. § 37- 92403(4) (2004). The Court finds that the amounts of water described in <br />paragraph 9 above, subiect to the terms and conditions of this Decree and the NMU described in <br />paragraph 10 above, are reasonable and appropriate to provide for the recreational uses set forth <br />in paragraph 11. Chaffee County, including the City of Salida and the Town of Buena Vista, <br />6 <br />