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Furthermore, contrary to the State's unsubstantiated claims of monopoly and speculation, <br />virtually all of the water that is beneficially used by the Park is subject to downstream calls. As <br />noted by the Water Court: <br />Downstream of the Park, Denver's Dillon Reservoir and Roberts Tunnel rights total <br />252,678 acre -feet for storage (excluding second fill) and 788 c.f.s. for direct <br />diversion. The Bureau of Reclamation's Green Mountain Reservoir and Powerplant <br />rights total 154,645 a.f. and 1,726 c.f.s. The water rights for the Shoshone <br />Powerplant total 1,408 c.f.s. Between these three entities, there are administrative <br />calls year -round against upstream juniors in most average and low -flow years. <br />Specifically, the only occasions when calls do not originate from Green Mountain <br />Reservoir and Powerplant are in those years when Green Mountain Reservoir <br />physically spills (high -flow year) or when the hydropower units are down for <br />maintenance. The water used for recreational and piscatorial purposes at the Park is <br />available to meet the calls from these downstream senior users at all times. <br />Decree at 6 -7. Given the existence of these perpetual, year round calls, the State's assertions of <br />monopoly and speculation border on the ridiculous. <br />The State's arguments that this Court must pre - determine the exact times the water will be <br />put to beneficial use is not proper for consideration in the granting of conditional water rights. <br />Those issues are more properly considered, if ever, in diligence proceedings and applications to <br />make the conditional rights absolute. Such future proceedings will determine the extent to which <br />Breckenridge's water right has been made absolute. See Metropolitan Suburban Water Users <br />Ass'n v. Colo. River Water Conserv. Dist., 365 P.2d 273, 288 (Colo. 1961). <br />C. The Park Structures Control Water in the Channel as Required for an Appropriation <br />The Water Court applied the existing statutory and case law regarding control and diversion <br />in making the factual finding that the Park structures concentrate and control water in the natural <br />stream at flows up to the maximum amount for which Breckenridge applied. That finding is <br />well- supported by the evidence in the record. The following is a summary of the law the Water <br />Sb1546 -10= <br />