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Case No. 03CW86 Amended Findings of Facts, Conclusions of Law and Decree of the Court 2006
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Case No. 03CW86 Amended Findings of Facts, Conclusions of Law and Decree of the Court 2006
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Case No. 03CW86 Amended Findings of Facts, Conclusions of Law and Decree of the Court 2006
State
CO
Date
5/13/2006
Author
O'Hara, Michael A.
Title
Case No. 03CW86 Amended Findings of Facts, Conclusions of Law and Decree of the Court 2006
Water Supply Pro - Doc Type
Court Documents
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"Gunnison"). Accordingly, <br />the Court finds that the Boating Park structures are capable of <br />efficiently diverting and controlling the water flows without waste for the claimed amours <br />h. Beneficial Use. The Boating Park RICD is decreed for only the following <br />recreational uses in and on the Yampa River. boating, kayaking, inner tubing, rafting, and <br />canueiiig. Recreation is a beneficial use of water in Colorado. C.R.S. § 37 -92- 103(4). <br />i. The Boatin Park RICD Does Not involve Waste. The Court finds that the two <br />Boating Park structures were designed for an optimal Ilow of at least 1400 efs. It is at those <br />higher flows where the Boating Park turns into a competitive facility for events, river festivals, <br />and use by the general public. Since the requested water rights (up to 1400 cfs) have or will be <br />put to beneficial use, there is no waste. <br />j. Minimum Flo -,vs for Reasonable E eriences. Pursuant to C.R.S. § <br />37- 92- 103(10.3) and the Gunnison decision, a RICD is limited to the minimum flow for a <br />reasonable recreation experience in and on the water. <br />The "reasonable recreation experience" required for a RICD as noted at section 37 -92- <br />103(10.3) necessarily depends upon the intended recreational use. See Gunnison at 594. The <br />City's purpose in constructing the Boating Park was to create a recreational amenity that would <br />draw boaters and spectators to the region. Specifically, the Boating Park was built to generate <br />greater tourist revenue outside the ski season by meeting the recreational boating and tubing <br />demands of the City's citizens and visitors, and creating a venue for special events. The Court <br />finds that the City has claimed flow rates in amounts and at time intervals to meet these <br />reasonable objectives. <br />The flow rates claimed were developed by the City as part of a multi-year, intensive <br />planning process for its Yampa River corridor. Tho City identified and established suitable <br />recreation activities with corresponding stretches of river in order to develop quality recreational <br />opportunities for many different recreational users. Given its location, the Boating Park focuses <br />use of the Yampa River in a manner consistent with the City's overall river uizuiagomcrâ–ºt <br />objectives, as explained in its river use ordinances and its comprehensive Yampa River <br />Management Plan adopted in 2003. The flow rates claimed and decreed herein were developed <br />by the City and its Citizens Advisory Committee out of that intensive planning process, and were <br />carefully tailored to be the minimum necessary to meet the City's objective for the Boating Park <br />section of its Yampa River corridor. <br />The Yampa River basin is not over - appropriated, and a variety of water development <br />sutacgics, including now junior diversions and exchanges from downstream, can be used to <br />support development of the Yampa. River basin above the Boating Park through projected build - <br />out. The Gunnison decision suggests such considerations might be relevant in determining <br />whether a claimed flow rate is for a "reasonable recreation experience." Gunnison at 602. <br />-5- <br />tk0236 <br />
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