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V. The Park Provides the Ultimate in Maximum Utilization <br />What really distinguishes a whitewater course is that it has the potential to create so much <br />economic value, and revitalize a downtown, all without consuming or polluting a drop of water. <br />The result is an additional beneficial use is created, millions of dollars are generated for the local <br />economy, yet 100% of the water is available immediately downstream for the next use. In this <br />regard, a kayak course such as the Park is the optimum in maximum utilization. See, e.g., <br />Fellhauer v. People, 447 P.2d 986, 994 (Colo. 1968) ( "the maximum utilization of the water of <br />this state" is implicit in the Colorado Constitution). Northern and the State ignore the non- <br />consumptive nature of this right and how it works in tandem with the other water rights on the <br />stream. <br />E. Northern's and the State's Concerns Regarding Future Whitewater Parks Are <br />Inapplicable Here and Already Addressed by Senate Bill 216 <br />Both Northern and the State raise the specter of far -flung scenarios regarding future kayak <br />courses built with a single stone or built at the Utah line, claiming they could become "super <br />water rights" that monopolize a basin and impact compact entitlements. The need to resort to <br />such scare tactics in challenging the Decree is telling. <br />First, none of those facts are present in this case. Any comparison between dropping a <br />single boulder in a river to the construction of massive, engineered, drop structures that span a <br />headwater stream are ridiculous. (See App'x D, construction photographs). In addition, the <br />parade of horribles that Appellants claim could happen in a different case is questionable given <br />that such a water right would be extremely junior in priority. Moreover, future kayak course <br />water rights do not raise water rights issues that are any different from any other future water <br />right. For example, a large hydroelectric plant on the Utah border could command the flow of a <br />Sb1549 -22- <br />