Case No. 02SA226 Town of Breckenridge Answer Brief February 2003

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words, higher flows up to 500 c.f.s. are put to more beneficial use than lower flows and, as the Water Court held, such flows allow the Park to be used by boaters of all skill levels, including experts. Id. Thus, the full amount of the decreed water rights is applied to beneficial use. Id. In addition to increased use of the Park, the Water Court also found that the high flows added additional economic value: "These higher flows attract the greatest number of users, spectators, and competitive events." Id. In fact, Breckenridge's "ability to continue to attract competitions depends on the possible availability of high flows in the 500 cfs range." Id. Given the foregoing, the Water Court was justified in holding that flows up to 500 c.f.s. are put to beneficial use, are not wasted, and are reasonable. ii. The Water Rijzhts Are Also Reasonable In the Context of the Upper Blue River and the Downstream Users Proven beneficial use of the full amount of water requested is all that is typically required to demonstrate reasonableness and a lack of waste. However, the Water Court further explained the reasonableness and lack of waste in the specific factual context of the Upper Blue River and the location of the Park relative to downstream use. See Decree at 6 -7. Because the vast majority of the water is already being called through the Park by downstream senior rights, a non - consumptive right such as the Park's works in tandem with the other water rights on the stream. (v.VII, p.120). Breckenridge's water rights simply protect its investment by minimizing the extent to which the Park could be de- watered by an upstream exchange by one of these downstream senior rights.lo 10 Breckenridge and Colorado Springs entered into a stipulation which allows for a future, limited exchange up to Colorado Springs' Continental Hoosier system. (v.VII, pp. 122-123). Sb 1546 -22-