Laserfiche WebLink
start down that path, then the requirement must apply uniformly to all water rights, for all <br />beneficial uses.2 <br />M. Affirming Golden's right will not impair Colorado's ability to achieve the maximum <br />utilization of water, including its compact entitlements. <br />A. Maximum Utilization <br />The State and State Amici argue that upholding Golden's decree would undermine <br />Colorado's policy to maximize the use of the state's scarce water resources. Opening Brief, at <br />28; C. Springs Brief, at 13; Colorado Water Congress Brief, at 8 -10. This position ignores the <br />role that the courts play in implementing state policy. As this Court has stated, "The doctrine of <br />maximum beneficial use of water requires courts to interpret applications for water rights to <br />encourage development of Colorado's water resources." Arapahoe County 1, at 965 (citation <br />omitted) (emphasis added). Because the courts will continue to exercise this function, the State's <br />and State Amici's concern is misplaced. <br />1. Beneficial, non - consumptive, in- channel uses of water are part of Colorado's <br />effort to achieve maximum utilization of its scarce water resource. <br />The State and State Amici are uncomfortable with large, non - consumptive in- channel <br />uses of water, particularly when compared to traditional water uses, most of which are both <br />diversionary and consumptive. Unfortunately, the same arguments against Golden's decree <br />apply equally to some more traditional uses, notably certain hydroelectric power generation. <br />While many hydroelectric power facilities divert and impound water as part of making energy, <br />2 Should this Court wish to revisit the issue of whether a public interest test applies to all water <br />rights applications in the State, we would welcome the opportunity to provide the Court with <br />additional briefing on the issue. However, this Court should reject the State's and State Amici's <br />suggestion that water courts apply a public interest test to discriminate against large, non - <br />consumptive, in- channel, recreational water rights. <br />8 <br />