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3. The Water Court's Factual Finding of Reasonableness and Lack of Waste Are <br />Well Supported by the Evidence <br />The Water Rights Are Reasonable In Terms of the Beneficial Use Sought <br />Vail sought to develop the Park to draw people to the Town during the non -ski season by <br />attracting all levels of boaters and elite events, and the higher flows attract the most use. (See <br />supra §§ III.A, D). While novice boaters use the Park at low flows, higher flows are necessary <br />for competitions and to make the course available to a diversity of skill levels. (v.XI, pp.43, 45). <br />The Park has had a significant impact on Vail's non -ski season economy, bringing in a <br />conservatively estimated $1.9 million in just its first year. (v.XI, p.91,1.6 -8). <br />In terms of the definition of "beneficial use," such an elite course is "the purpose for which <br />the appropriation is lawfully made" and the flows being sought are consistent with that use. § <br />37 -92- 103(4). By analogy, a ski resort may seek to become a premiere destination resort by <br />opening more slopes with greater snowmaking potential than a smaller resort, or a hydropower <br />plant may be designed to harness higher flows to maximize electricity. So long as the water is <br />being applied to beneficial use, such decisions are made by the appropriator even if it means a <br />greater water demand than a smaller project that generates less economic value. Even the <br />Assistant State Engineer, Ken Knox, conceded it would be reasonable for an appropriator to seek <br />to maximize the recreational benefit from a whitewater park. (v.XI, p.134,1.5 -10). <br />In this instance, the Water Court's undisputed factual finding was "the higher the flows, <br />the greater the course usage, and attendant economic benefit." Decree at 5. In other words, <br />higher flows up to 400 c.f.s. are put to more beneficial use than lower flows and, as the Water <br />Court held, such flows allow the Park to be used by boaters of all skill levels, including experts. <br />Id. Thus, the full amount of the decreed water rights is applied to beneficial use. Id. <br />Sb 1549 -16- <br />