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2. Undisputed Evidence Supports the Water Court's Factual Finding of Control <br />The Water Court applied Section 103(7) and Fort Collins to the District's application. In <br />awarding water rights to each of the Park structures, the Water Court made the following factual <br />findings: (i) "the structures in the Park control, concentrate and direct the flow of water through <br />the Park in a manner that constitutes a diversion under C.R.S. § 37 -92- 103(7) (2000) "; (ii) "the <br />structures function at the optimal 400 c.f.s. level to concentrate and control the flow of water <br />through a high flow channel, to create waves and jets of water, self - scouring pools, hydraulic <br />holes, large changes in current direction, and other white -water features that are used by kayakers <br />and other boaters for recreational purposes "; (iii) at low flows, the "Park design diverts and <br />concentrates all of the Gore Creek flow through a constructed low flow channel, rather than <br />allowing the flow to be thinly dispersed across the natural stream channel "; and (iv) "[a]lthough <br />the structures were designed and built to look as natural as possible, the structures completely <br />divert and control the streamflow." Decree at 4 -5. <br />The undisputed evidence firmly supports the Water Court's factual findings. As discussed <br />above, the record demonstrates that these highly- engineered structures, built with over 1600 tons <br />(600 cubic yards) of imported boulders (see App'x D, selected photos of course construction), <br />diverts the entire flow of the river back and forth in the channel, and funnel or concentrate the <br />claimed flows, with increased velocity, through the boating channels or chutes built into the Park <br />structures. (See supra III.B and Q. This, in turn, creates the desired boating features. The <br />structures clearly exercise control over the water to create the intended beneficial use. To say <br />these structures do not exercise "any control ... or that the river continues to flow as it did" prior <br />to construction "suggests that the chute[s] ... in fact fail to function as designed." Fort Collins, <br />830 P.2d at 932. That the Park's structures do function as designed is evidenced by the fact they <br />Sb 1549 -12- <br />