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Moreover, not only is there no legal basis to justify minimizing or denying Breckenridge's <br />water rights on policy grounds, there is no practical reason to do so. A water right for recreation <br />raises no unique concerns and is the ultimate in maximum utilization because it consumes no <br />water. Any new water right has the potential to impact future water rights or exchanges, but that <br />is not a reason to limit that water right to a minimum flow. Nor does the mere size of the <br />Breckenridge water right raise a concern. For example, if Breckenridge had built a hydroelectric <br />plant on the Blue River designed to produce maximum power at 500 c.f.s., the practical water <br />right issues would be the same. It is highly unlikely that the State would argue that a <br />hydropower plant should be limited to the generation of some minimum kilowatt hour to save <br />water. Yet, that is precisely the argument they raise against the Park. <br />V. The Park Provides the Ultimate in Maximum Utilization <br />What really distinguishes a whitewater course is that it has the potential to create so much <br />economic value, and revitalize a downtown, all without consuming or polluting a drop of water. <br />The result is an additional beneficial use is created, millions of dollars are generated for the local <br />economy, yet 100% of the water is available immediately downstream for the next use. In this <br />regard, a kayak course such as the Park is the optimum in maximum utilization. See, �, <br />Fellhauer v. People, 447 P.2d 986, 994 (Colo. 1968) (holding that "the maximum utilization of <br />the water of this state" is implicit in the Colorado Constitution). Arguments by the State <br />regarding maximum utilization fail to recognize the non - consumptive nature of this right and <br />how it works in tandem with the other rights on the stream. <br />E. Senate Bill 216 Addresses the State's Policy Issues <br />Breckenridge contends this Court should not consider far -flung scenarios regarding future <br />kayak courses at unknown locations and with unknown circumstances. The General Assembly <br />Sb 1546 -26- <br />