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The Course structures can also divert and control water at the claimed monthly <br />flows that are less than 1000 cfs. Minimum control occurs at 20 cfs, and white <br />water features begin to develop at 200 cfs: - <br />In view of the foregoing, the Court finds that the structures in the Course <br />control, concentrate and direct the flow of water through the Course in a manner <br />that constitutes a diversion under C.R.S. § 37 -92- 103(7). City of Thornton v. City <br />of Fort Collins, 830 P.2d 915, 930 (Colo. 1992) ( "controlling water within its <br />natural course ... by some structure or device for a beneficial use thus may result <br />in a valid appropriation.'') <br />Accordingly, the Court finds that the seven Course structures have <br />diverted and controlled water flows for the claimed absolute amounts as identified <br />in the monthly chart in Tables 1 and 2, above. <br />8. Beneficial Use: As detailed above, water in the amounts claimed absolute for the <br />Course right have been beneficially used for recreational boating purposes. § 37- <br />92- 103(4). Moreover, the City of Golden derives substantial economic benefit <br />from the recreational use of the Course. This benefit has been an important <br />factor in the economic redevelopment of the Golden downtown area. <br />The Court further finds that this beneficial use at the conditional amount <br />claimed is reasonable and there is no waste as the higher the flows, the greater <br />the Course usage, and attendant economic benefit. The testimony was unrebutted <br />that when flows are at the 1000 cfs level, the Course is accessible to intermediate, <br />advanced - intermediate, expert, and even world -class boaters. Intermediates use <br />easier parts of the Course, while more experienced boaters utilize more <br />challenging structures in the Course. <br />Testimony demonstrated that flows of 1,000 cfs and higher are also best <br />for the elite competitions such as the Eddie Bauer Classic and the U.S. Olympic <br />trials that Golden and others have held and plan to continue to hold on the <br />Course. The Court concludes that Golden derives substantial economic benefit <br />from competitions held on the Course. Not only is the Course used and enjoyed <br />by the competitors and spectators, but both the competitors and spectators spend <br />many thousands of dollars in Golden on days when events are held. While events <br />that have been planned months in advance are still held on the Course if flows are <br />less than 1,000 cfs on event day, Golden's ability to continue to attract such <br />competitions depends on the possible availability of high flows in the 1,000 cfs <br />range, <br />In addition, the Court finds that the Golden Course is perceived by many <br />boaters as the best in the area. That reputation translates directly into economic <br />value for the City in that it attracts boaters from across the State, the Country, and <br />even international competitors. The Court finds that the reputation of the Course <br />is in large part due to the high flows. <br />The Court concludes that high flow rates are a critical component of the <br />Course as an attraction and amenity for Golden. For all of the foregoing reasons, <br />the Court concludes that flows of up to 1,000 cfs can and will be put to beneficial <br />use and not wasted. The Court recognizes that Golden claimed amounts of water <br />Page 6 of 11 <br />