Case No. 01CW160 Findings of Facet, Conclusions of Law, and Decree April 2006

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Appl ication of Pueblo, 01 CW 160 Water Division 2 CONCLUSIONS OF LAW 11. The Court has exclusive jurisdiction over the subject matter of this proceeding pursuant to C.R.S. § 37 -92 -203, and over all persons or entities affected hereby, whether they have appeared or not. 12. Pueblo is an entity designated by C.R.S. § 37- 92- 103(4) and (10.3) as entitled to appropriate RICD water rights. 13. Recreational boating through physical control structures constructed within the channel of a natural water course has been recognized as a beneficial use of water under Colorado law. C.R.S. § 37- 92- 103(4) and (10.3); City of Thornton v. City of Fort Collins, 830 P.2d 915 (Colo. 1992). 14. The controlling of the claimed amounts of water in the natural course of the Arkansas River by means of the proposed in- channel structures described in paragraph 6 herein, constitutes a "diversion" within the meaning of C.R.S. § 37 -92 -103 (7). 15. Pueblo has effected an appropriation of water by demonstrating a specific plan and intent to divert the claimed amounts of water at the claimed time periods and to apply such water to beneficial use, specifically recreational in- channel boating use, in the Whitewater Park, through the acts described in paragraph 6.1) above. C.R.S. § 37- 92-103(3)(a). Applicant has completed the "first step" toward the conditional appropriation by showing the requisite intent to appropriate the water rights decreed herein, accompanied by an open, physical demonstration of that intent. 16. If constructed in substantial conformity with paragraph 6 above, the Whitewater Park will divert, capture, control, and place water to beneficial use between specific points defined by the nine physical control structures described in paragraph 6, herein. C.R.S. § 37- 92- 103(10.3). 17. The RICD Water Right decreed herein is the minimum stream flow necessary to provide a reasonable recreation experience in and on the water. C.R.S. § 37 -92- 103(10.3). 18. Because of the non - consumptive character of this appropriation and the over - appropriated nature of the Arkansas River downstream of the Whitewater Park, the adjudication and administration of the RICD Water Right will not impact the ability of Colorado to fully develop and place to consumptive beneficial use its compact entitlements. C.R.S. § 37- 92- 102(6)(b)(1). 19. The reach of the Arkansas River in which the Whitewater Park will be located is an appropriate reach of stream for the intended uses. C.R.S. § 37- 92- 102(6)(b)(11). 20. There will be access to the Whitewater Park for recreational in- channel use. C.R.S. § 37- 92- 102(6)(b)(III). 7