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Appellants and their amici also ask this court to find either that certain beneficial uses of <br />water do not qualify at all, or only if substantially limited in amount, as beneficial uses for the <br />purpose of maximizing the state's utilization of its water resource. This Court must reject this <br />invitation. Such an opinion would overturn the fundamental underlying principle of maximum <br />utilization — namely that the state encourages as many beneficial uses of water as possible, <br />regardless of whether the uses are consumptive or not and regardless of whether the uses are <br />diversionary or in- channel. Not only do non - consumptive in- channel uses fit within Colorado's <br />policy of maximum utilization of water, but they also qualify as uses of Colorado's compact <br />entitlements and equitable apportionment decrees. <br />ARGUMENT <br />I. Introduction <br />The undersigned Amici represent, collectively, over one hundred thousand members of <br />non - profit organizations and associations. These organizations each have missions that include <br />conservation of waterways. As such, the undersigned support the right of appropriators to obtain <br />water rights in priority for the beneficial uses of recreation and fish and wildlife, particularly <br />where such uses are non - consumptive and in- channel. <br />H. Colorado's Definition of Beneficial Use is not a Minimum Use Standard. <br />Colorado defines the beneficial use of water as, "the use of that amount of water that is <br />reasonable and appropriate under reasonably efficient practices to accomplish without waste the <br />purpose for which the appropriation is lawfully made ...." Section 37 -92- 103(4), C.R.S. (2001). <br />2 <br />