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p.60). Breckenridge has clearly satisfied the can and will requirements because the Park's <br />construction has been completed and beneficial use has commenced. (v.VIII, p.39). <br />Breckenridge also presented extensive, uncontested evidence on water availability. <br />According to water resource engineer, Thomas Williamsen, water is available in excess of the <br />amount claimed. (v.VII, p.116).3 Notwithstanding, the law requires only a showing of <br />reasonable availability. See Hines Highlands, 929 P.2d at 724. In this regard, the Water Court <br />determined "that water is available in sufficient quantities and on sufficiently frequent occasions <br />to complete the conditional appropriations with diligence within a reasonable time." Decree at 7. <br />The State asserts that the Water Court limited the water rights to flows above 100 c.f.S., <br />effectively rejecting the application for the months of April, September, and October. State's Br. <br />at 3. This is inaccurate. The Decree states that the "conditional water rights for the structures <br />constituting the Park are hereby decreed in the amounts [requested] ... when flows exceed 100 <br />c.f.s." Decree at 8. The Water Judge subsequently clarified this language as follows: <br />"Breckenridge shall be entitled to place a call against any upstream water rights junior to the <br />Park if that call will provide 100 cfs or more water at the whitewater park structures." See App'x <br />D, Clarification Order. Thus, in the months of April, September, and October, when the flows <br />requested are less than 100 c.f.s., Breckenridge may place a call to have 100 c.f.s. produced, not, <br />as asserted by the State, have its rights eviscerated. <br />3 The State argues that Breckenridge claims the "entire hydrograph "of the Blue River. State's <br />Br. at 2, 5. The uncontested evidence presented by Breckenridge shows otherwise and the <br />State's record cite does not support its contention. It should be noted that, without transmountain <br />diversions from the Blue River basin upstream from the Park, 900 c.f.s. would be available. <br />(v.VII, p.115). <br />Sb1546 -9- <br />