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Although Breckenridge does not believe the principle of "duty of water" is applicable, <br />Breckenridge's appropriation is fully consistent with the concept underlying that principle. The <br />full amount of water diverted is applied to maximize Breckenridge's beneficial use. Just like a <br />hydropower plant, the Water Court held that Breckenridge obtains more benefit and more <br />economic value with increased diversions up to the design capacity of its Park. Decree at 6. <br />Duty of water does.not require Breckenridge to limit its diversions if that, in turn, limits its <br />beneficial use. Waste implies there is no additional beneficial use associated with an additional <br />increment of water. The undisputed facts were that beneficial use increases as diversions <br />increase, up to at least 500 c.f.s. <br />ii. There Are No "Inconsistencies" Between the Golden and Breckenridge Decrees <br />The State argues that this Court must remedy alleged inconsistencies between the <br />definitions of "reasonableness" and "waste" applied in this case and the Golden case. State's Br. <br />at 21. In the first instance, the Golden course is not on trial here. Second, the Golden case <br />reflects a different Water Court reaching the exact same conclusion; namely, that such <br />whitewater parks contain all the elements of a traditional water right appropriation. Third, <br />reasonableness and waste are fact dependant questions. Finally, the alleged "inconsistencies" are <br />nothing more than factual differences in the applications. For example, due to the higher altitude <br />of the Breckenridge Park (over 9,000 feet), it is often iced over throughout the winter. Unlike <br />Golden's course, which is 4,000 feet lower in altitude and used year round, Breckenridge sought <br />no appropriation from November through March. That is not an inconsistency. <br />iii. Reasonableness and Waste Require Case by Case Determinations by the Water <br />Court. Not Empirical Formulae <br />The State suggests that some empirical formulae for reasonableness and waste are <br />Sb1546 -24- <br />