Case No. 04CW129 Findings of Fact, Conclusions of Law and Decree of the Court October 2006

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have anal will continue to derive substantial economic benefits from the recreational use of the Salida Park and 13N. Park. (c). Minimum, Flows for aMa- nable Recreation Experiences. Pursuant to C. "..R.S.y' 37- 92- 103410.3) (2004) and Colorado Water Conservation Board v. tipper Gunnison River Water C`omervuncy District, 109 P3d. 585 (Colo. 2005), a R.ICD is limited to the minimum flow for the intended reasonable recreation experience in and can the water. The Court finds that the claimed flaws set forth above are the minimum necessary to accomplish the reasonable recreation experiences during each time interval. _ _...... _. _.....fib ........Reasoirable C�ecx atiotr E ctrersenee —The C'tiurrty seeks water rights to sustain- reasonable recreation experiences in and on the water during three time periods. During the 30 -Day Period, the County desires to maintain world - class, expert Boating Parks that will attract elite boaters and attract .a larger number of boaters and tourists during a period when the claimed flows have historically been available. The 8 Event Days during the 30 -Day Period allow for world -class competitions and events at the Boating Parks,. while still providing recreational experiences for less skilled boaters. During the remainder of the 30 -Day Period, the Boating Parks create water features at the varying decreed rates that are attractive to all levels of boaters and users of the Park. The decreed flows during the 30 -Day Period attracts the greatest number of users and spectators to the Parks and consequently generate the most economic value from the Parks. From July 1 - August 15, and the period within the Iligh Flow Period that is not part of the 30 -Day Period, the County seeks to maintain the Boating Parks in a manner that will especially accommodate beginner to intermediate boaters, attract boaters and tourists, and allow for whitewater boating on the structures at flows that have historically been maintained during that time period. This time period still attracts a large number of users-to the Boating. Parks and generates significant> economic value for the County. The remainder of the year included in the RICD water rights, the County has claimed a low flow that allows boating play in and around the structures, and passage through the structures at flows that are historically available and still allows for economic value associated with the Parks. Stream flows measured at the Wellsville gage demonstrate that the flows- claims in paragraph 9 are typically available. The Arkansas River is over - appropriated and subject to senior calls located downstream from the Boating Parks. Even when there is a downstream call, however, water is typically available for the non - consumptive uses claimed by the County before the water reaches the downstream calling rights. Having weighed the evidence, the Court concludes that the appropriations sought by Chaffee County, viewed objectively, and as limited and conditioned in this Decree and the MOU, are for reasonable recreation experiences in and on the water 7