Laserfiche WebLink
Table ] <br />6-a.m.-6 p.m.. <br />Jan <br />Feb <br />Mar <br />Apr <br />Nlay <br />-Jun -1-Jul <br />Jul . <br />Aug <br />Sep <br />Oct <br />v <br />Dec <br />Claimed cfs <br />70 <br />70 <br />I 70 <br />255 <br />1000 <br />1000 <br />000 <br />559 <br />251 1 143 <br />3 <br />70 <br />Absolute cfs <br />43 <br />d2 <br />45 <br />166 <br />0 <br />0 <br />562 <br />157 I <br />129 85 <br />2 <br />!41 <br />:t9 <br />Conditional cfs <br />2 7 <br />23 <br />25 <br />:[g4O <br />89 <br />70 <br />60 <br />338 <br />1 <br />122 I 58 <br />21 <br />Table 2 <br />b p.m. -6 a.m. <br />Jan <br />I Feb <br />Mar <br />I Apr <br />I May <br />I Jun <br />Jul . <br />Aug <br />I Sep <br />I Oct <br />Nov <br />Dec <br />Claimed cfs <br />70 <br />70 <br />70 <br />.255 <br />1000 <br />1000 <br />1000 <br />559 1 <br />251 <br />I 1 t3 <br />103 <br />70 <br />Absolute <br />0 <br />0 <br />0 <br />0 <br />0 <br />0 <br />0 <br />0 <br />0 <br />I 0 <br />0 <br />0 <br />Conditional cfs <br />70 <br />70 <br />70 <br />255 <br />1000 <br />1000 <br />1000 <br />559 <br />251 <br />133 <br />103 <br />70 <br />The above conditional water rights are based on the unrebutted testimony <br />regarding use of the Course offered by Dan Hartman (Golden's Director of Public <br />Works) and Gary Lacy (the designer and a frequent user of the Course), and the <br />survey taken by the State's expert witness, Dr. Shelby. It is also based upon <br />measured flows at the USGS gage, Clear Creek at Golden, Colorado (the "Clear <br />Creek Gage ") in 1998; 1999, and 2000. After the application was filed, a portion <br />of the conditional water rights claimed in the application for June and July were <br />perfected as measured by the Clear Creek Gage in 1999. The Court further notes <br />the State's admission that an absolute appropriation can be based on an <br />instantaneous peak flow. However, the burden is upon the Applicant to establish <br />the maximum flow rates that have been actually used by boaters to obtain an <br />absolute decree. - - <br />7. Diversion and Control: The design capacity of the Course is 1,000 cfs and the <br />Course was constructed to that design capacity based on the directions from the <br />Golden City Council. The 1,000 cfs flow-rate was used by the Course designer <br />weir formulas and other calculations for the structures in the Course. At that flow <br />rate, diversion structures 2 -7 do not overtop. All of the structures function at the <br />optimal level to concentrate and control the flow of water, to create waves and <br />jets.of water, self - scouring pools, hydraulic holes, large changes in current <br />direction, and other white -water features that are used by kayakers and other <br />boaters for recreational purposes. In addition, while over - topping directly affects <br />the above features and begins to camouflage them, initially it does not destroy the <br />features. The flow rate, above which the Course's structures are inundated to the <br />point that they no longer create detectable white -water features. has not been <br />established; hence, the 1000 cfs sought by Golden is reasonable in light of its <br />intended use. <br />Page 5 of 11 <br />