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D. The Amounts Decreed Are Reasonable <br />The Water Court applied the traditional standard of beneficial use and made factual <br />findings that this requirement was satisfied. The State offered no evidence to the contrary, only <br />argument. In fact, the State's own witness, Alan Martellaro, conceded that it is up to the courts <br />to determine what is reasonable for purposes of beneficial use. (v.VIII, p.127, 1.15 -18) (stating <br />that the Water Court "actually makes the determination on reasonableness "). The following is a <br />summary of the law and facts supporting the Decree, and a response to the State's arguments. <br />1. The Water Court Applied the Appropriate Beneficial Use Standard <br />The Decree explicitly applies the statutory definition of "beneficial use." Beneficial use "is <br />the use of that amount of water that is reasonable and appropriate under reasonably efficient <br />practices to accomplish without waste the purpose for which the appropriation is lawfully made." <br />§ 37 -92- 103(4), 10 C.R.S. (2000).' Accordingly, on its face, the definition includes concepts of <br />"reasonableness" and "waste" within the context of the "purpose for which the appropriation was <br />made." Each of these aspects of beneficial use was applied in the Decree. <br />2. The Park Is a Beneficial Use Providing Substantial Economic Benefit <br />As is clear in section 37 -92- 103(4), and as expressed by the Water Court in the Decree, <br />beneficial use is not viewed in the abstract, but within the context of the appropriator's intent or <br />purpose. Decree at 6. As recently explained by this Court, "what constitutes a beneficial use <br />tracks legislative enactments, court decisions, and, principally, the acts of appropriators who <br />control the water for their purpose." Santa Fe Trail Ranches Prop. Owners Ass'n v. Simpson, <br />990 P.2d 46, 53 n.9 (Colo. 1999). Accordingly, a new "water right comes into existence only <br />SB 216 modified this language recently, but, again, does not apply to this application. <br />Sb1546 -19- <br />