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The State and Northern infer the Court was mistaken in its factual finding of control by <br />repeatedly noting the lack of grout in the structures. The undisputed evidence supporting the <br />Court's factual finding, however, is that even without grout between the stones, these massive <br />structures were constructed to "act[] as a single unit, tied together very tightly," without leaking, <br />and are "designed to be permanent and to last indefinitely." (v.XI, p.13,1.9 -15). Moreover, <br />modifications are already designed for the structures (including grout for one structure) which <br />will further enhance performance of the structures and make them appear more like the <br />Breckenridge Park structures. (v.XI, pp.32 -40, 70; Exhibit V -47).3 <br />D. The Amounts Decreed Are Reasonable <br />The Water Court applied the traditional standard of beneficial use and made factual <br />findings that this requirement was satisfied. The State and Northern offered no evidence to the <br />contrary, only argument. In fact, the State's only witnesses on this issue expressly testified that <br />they had made no determination on what was a reasonable amount of water for the structures. <br />(v.XI, p.131,1.1 -4; v.XII p.37,1.5 -11). The following is a summary of the law and facts <br />supporting the Decree, and a response to the State's arguments. <br />1. The Water Court Applied the Appropriate Beneficial Use Standard <br />The Decree applies the statutory definition of "beneficial use" which "is the use of that <br />amount of water that is reasonable and appropriate under reasonably efficient practices to <br />accomplish without waste the purpose for which the appropriation is lawfully made." C.R.S. § <br />' Similarly, the mere fact that some people boated through this reach of Gore Creek at high <br />flows before the structures were built is immaterial. It does not change the fact that the structures <br />control the water for the intended beneficial use and function as designed to create a recreational <br />amenity in Vail Village that did not previously exist and which attracts boaters to the town for <br />"park and play" recreation and competitions. (See, e. v.XI, pp. 74 -75, 77, 41 -43). <br />Sb 1549 -14- <br />