Laserfiche WebLink
the "State ") challenged Breckenridge's application principally on policy grounds. Trout <br />Unlimited entered its appearance in support of Breckenridge's application. <br />In rendering its decision, the Water Court applied the same standards it would for any water <br />right, including whether there was a statutory "diversion" of water (which includes in- channel <br />control), and application to "beneficial use" (which includes concepts of reasonableness and <br />waste). Based largely upon uncontested facts, the Water Court held that the structures <br />comprising the Park controlled more than 500 c.f.s. for a beneficial use and were entitled to the <br />requested conditional water rights. The decreed amounts vary monthly depending upon water <br />availability, with a maximum of 500 c.f.s. in June, down to a minimum of 39 c.f.s. in April. No <br />flows were claimed from November through March due to icing of the Park which is located at <br />over 9,000 feet. The Water Court held "it was uncontested that the higher the flows, the greater <br />the Park usage and the attendant economic benefit," and the full amount of water is put to <br />beneficial use without waste, and is reasonable in terms of both the intended beneficial use and <br />the factual context of this appropriation on the Blue River. <br />III. STATEMENT OF THE FACTS <br />A. Breckenridge Intended to Develop a World Class Whitewater Park <br />The Park was a citizen initiated project first reviewed by the Breckenridge Open Space <br />Committee (`BOSAC ") under the Town's development approval process. (v.VII, pp.38 -42). <br />Breckenridge's Town Manager, Timothy Gagen, testified that the purpose of the Park was to <br />create a recreational amenity that would draw visitors and spectators to the Town during the non- <br />ski season.' (v.VII, pp.37 -38). After approval, the Town Council directed staff to create a "first <br />class, world class, facility" that would attract the greatest number of people to Town (v.VII, p.57; <br />' To facilitate this Court's review, the complete quotes of the principal trial testimony cited in <br />the Statement of Facts are set forth in the attached App'x A. <br />Sb 1546 -2- <br />