Laserfiche WebLink
37 -92- 103(4) (2000). On its face, the definition includes concepts of "reasonableness" and <br />"waste" within the context of the "purpose for which the appropriation was made." Each of these <br />aspects of beneficial use was specifically applied by the Court as noted in the Decree. <br />2. The Park Is a Beneficial Use Providing Substantial Economic Benefit <br />As is clear in section 37- 92- 103(4), and as expressed by the Water Court in the Decree, <br />beneficial use is not viewed in the abstract, but within the context of the appropriator's intent or <br />purpose. Decree at 6. As recently explained by this Court, "what constitutes a beneficial use <br />tracks legislative enactments, court decisions, and, principally, the acts of appropriators who <br />control the water for their purpose." Santa Fe Trail Ranches Prop Owners Ass'n v Simpson, <br />990 P.2d 46, 53 n.9 (Colo. 1999). Accordingly, a new "water right comes into existence only <br />through application of the water to the appropriator's beneficial use." Id. at 53. "[ B]eneficial use <br />is a broad concept and the characterization of a use as beneficial requires case by case factual <br />analysis." Zigan Sand & Gravel v. Cache La Poudre, 758 P.2d 175, 182 (Colo. 1988). <br />This Court expressly upheld recreational boating as a beneficial use in Fort Collins, 830 <br />P.2d at 932, with specific reference to "kayaks and inner tubes." Beneficial use includes "such <br />newly evolved appropriative uses as fish and wildlife, snowmaking, recreation, boat chutes, <br />nature center diversions and stream augmentation for rafting flows." Santa Fe Trail Ranches, <br />990 P.2d at 55 n.13. In this manner, beneficial uses have evolved with the Colorado economy <br />from mining, to agriculture, and more recently to recreation and tourism. Nowhere is this more <br />important than for many West Slope towns and counties. (v.XI, pp.82 -83). As for the State's '. <br />argument against boating as a beneficial use, the District relies upon and incorporates herein the <br />argument set forth in the Breckenridge Brief at V.D.2. <br />Sb 1549 -15- <br />