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create the intended whitewater features which vary depending upon the design of the structure. <br />(v.VIII, pp.18 -19, 31 -32). Each structure is efficient in that it controls the entire amount of <br />decreed water, without any loss, for the intended use. (v.VIII, p.421.15 -22, p.86,1.25 - p.87,1.8). <br />The structures are designed not to be overtopped at flows of 500 c.f.s. and more. (v.VIII, p.20, <br />1.11 -21, p.28, 1.13 -15). Visual observation of the course at. low flows and field verification of the <br />weir formula indicate that the structures will control flows up to 500 c.f.s. (v.VIII, p.22). See <br />App'x B (pictures of the stream reach before, during, and after construction). <br />D. The Amount of Beneficial Use is Directly Correlated to the Amount of Diversion <br />Higher flows maximize the intended beneficial use of recreation. According to the <br />undisputed testimony from expert economist Dr. Robert Raucher, local kayak shop owner Earl <br />Richmond, and Mr. Lacy, the higher the flows, the greater the Park's use. (v.VII, pp. 146, p.175 <br />1:22 - p.177,1.2; v.VIII, p.38). As observed by the Water Judge during the trial: <br />Can we recognize the obvious here and say that it's pretty common knowledge that absent a <br />tsunami, more water is better than less for kayaking .... Let's not play games with <br />common sense. ... We all see it as we drive along I -70 if we don't participate in it <br />ourselves[.] ... I'm prepared to accept as a general proposition that within certain limits, <br />more water is better than less water when you're boat recreating down a river and offering a <br />whitewater experience .... <br />(v.VII, p.152). Higher flows create a diversity of recreational opportunities for boaters of all skill <br />levels. (v.VIII, p.38). Drawing people to Breckenridge to paddle at the Park has increased the <br />Town's non -ski season revenues. Even considering only a fraction of the actual economic <br />benefits (primarily equipment and travel costs), the Park has a capitalized economic value of over <br />$16 million dollars. (v.VII, p.173,1.4 -7; Trial Exhibit B -45, p.4 -1). <br />E. Water is Available for Appropriation <br />Thomas Williamson, an expert water resource engineer, testified that the claimed flows <br />were available for appropriation. (v.VlI, pp.l l3 -14 & 116). In all years --dry, average, or wet -- <br />Sb1546 -4- <br />