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considering the available stream flow during the time periods chimed, the economic <br />value to be derived, existing eases during those time periods and other factors. <br />(ii). Minimum-flows. having weighed the evidence presented, the Court further <br />concludes that the stream flows set forth in paragraph 9 above are the minimum <br />amounts necessary to accomplish the intended reasonable recreation experiences. <br />The Court finds that by allowing differing flows during different periods of use, and <br />providing for Reduced RICD Calls to accomrrnodate certain exchanges as described in <br />paragraph 10 above and the MOU, the County provides for varying reasonable <br />recreational experiences in and on the water, at minimum flows for such experiences, <br />_ .._.while -preserving greater- exchang'a potential -four the-- future -to enhance-, e-, maximum_..__ ................ ............_....._..._........ <br />utilization of the water available. <br />uw ability to continue to attract worl&class competitions, elite boaters and a larger <br />number of total boaters and tourists during the 30 -Day Period, and to maintain the <br />reputation of the Boating Parks, depends upon flows being available at a minimum of <br />1,800 efs. By way of compromise, the County has agreed to limit the 1,800 cfs to <br />only 8 days for specific events and boating festivals and that flow is found to be the <br />minimum for that reasonable use as contemplated on the Event Days. The <br />recreational experience during the 30 -Day Period is correlated to flows, so that tine <br />type of recreational experience at the Parks (and the economic value associated <br />therewith) changes as flows decrease below 1,800 efs. The varying decreed flow <br />rates below 1,800 efs during the 30 -Day Period represent minimum flows for the <br />intended recreational uses during that time that will provide a variety of reasonable <br />recreation experiences, while achieving a compromise with Objectors that helps <br />preserve greater exchange potential for the future. <br />The Court also finds that 700 efs measured at the Wellsville gage is the minimum <br />dow for the reasonable recreation experience sought during July 1 - August 15 and <br />during the High Plow Period that is not part of the 30-Day .Period. The Court further <br />finds that 250 cfs measured at the Wellsville gage is the minimum flow for the <br />reasonable recreation experience sought during the remainder of the year to the extent <br />covered by the RICD water rights. <br />(d). Can and Will. The Court finds that Chaffee County can and will perfect the <br />conditional portions of the claimed amounts (Structure Nos. 2-4 in the B.V. Park) within a <br />reasonable time consistent with C.R.S. § 37- 92- 305(9)(b)(2004). Structure No. 1 for the B.V. <br />Park has already been constructed and is in operation. Structure Nos, 2 -4 in the B.V. Park have <br />either recently been constructed or are in the planning process. As part of this finding, the Court <br />concludes that water is available in sufficient quantities and on sufficiently frequent occasions to <br />complete the conditional appropriations with diligence within a reasonable time. The Salida <br />Park structures and Structure No. 1 for the B.V. Park have been constructed and have diverted <br />and controlled the water for the intended beneficial use consistent with C.R.S. § 37- 92- 305(9)(a), <br />based upon flows available during the time periods reflected in paragraph 9 (since the structures <br />were built) and evidence of the use of said structures during those time periods. It is the <br />CWCB's position that pursuant to C.R.S. § 37 -92- 103(10.3) a RICD water right should be for <br />8 <br />