Laserfiche WebLink
results purportedly offered the flow numbers that kayakers prefer for different <br />boating opportunities, but the Court notes that those numbers are inconsistent <br />with the kayakers' narrative comments about the Course, which expressed a clear <br />preference for higher flows. Dr. Shelby also admitted that the survey was unduly <br />influenced by the period of dry years following construction of the Course. <br />Moreover, Dr. Shelby was unable to express a definite opinion as to whether the <br />amount claimed by Golden was unreasonable, and he admitted that his <br />methodoloQv did not work in the context of conditional water rights. Thus, Dr. <br />Shelby expressed no useful opinion on the conditional components of the subject <br />application. <br />10. Can and Will. The Court finds and the State admitted that Golden can and will <br />perfect the conditional portions of the claimed amounts within a reasonable time <br />consistent with C.R.S. § 37- 92- 305(9)(b). As part of this finding, the Court <br />concludes that water is available in sufficient quantities and on sufficiently <br />frequent occasions to complete the conditional appropriations with diligence and <br />within a reasonable time. <br />F. Findings for the City of Golden White Water Course (Extension). <br />Name of Structures. Golden intends to extend the length of the City of Golden <br />White Water Course by constructing approximately 10 additional dam structures <br />and water deflector control devices with boat chutes designed to concentrate and <br />control the flows of Clear Creek for the beneficial uses claimed herein. The <br />structures in the Extension are referred to as City of Golden White Water Course <br />Structures 8 -18. Conditional water rights are sought for each of these additional <br />structures. <br />2. Legal Description of Structures. The Extension structures will be distributed <br />within the channel of Clear Creek in a reach beginning immediately below <br />Structure 7 of the Course, as described above at paragraph 5(B)(vii), and <br />extending approximately 270 feet within the channel of Clear Creek, <br />terminating at a point in the SW 1/4 of the SWIA of Section 27, T. 3 S., R. 70 <br />W., of the 6th P.M., approximately 1,300 feet North of the South section line and <br />800 feet East of the West section line, in Jefferson County. The location of the <br />Extension is depicted on Exhibit A. <br />3. Source. The source for the Extension is Clear Creek, a tributary of the South <br />Platte River. <br />4. Date of Initiation of Appropriation: December 30. 1998. The appropriation for <br />the Extension was initiated before this date by formation of the requisite intent to <br />appropriate for beneficial use coupled with actions sufficient to put third parties <br />on notice of its intent. These actions include but are not limited to an authorizing <br />resolution approved by Golden City Council. <br />Page 8 of 11 <br />