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5. Intent to Appropriate. The Court finds that Golden had the requisite intent to <br />appropriate water for the Extension in the amounts claimed, in the months <br />claimed, for recreational boating and piscatorial purposes. <br />6. Beneficial Use. The court finds that Golden intends to use the rights to the <br />Extension for the same beneficial uses described in Paragraph F(8), above. <br />7. Can & Will. The unrebutted evidence indicates that Golden can and will perfect <br />said appropriations within a reasonable time consistent with C.R.S. § 37-92 - <br />305(9)(b). As part of this finding, the Court concludes that water is available in <br />sufficient quantities and on sufficiently frequent occasions to complete the <br />conditional appropriations with diligence and within a reasonable time. <br />8. Amount. The conditional rights decreed to the Extension are set forth in Table 3. <br />As with the White Water Course, conditional rights must be perfected separately <br />for each 12 -hour period between 6:00 a.m. and 6:00 p.m. However, perfection of <br />nighttime rights must be established from uses that occur between one -hour after <br />sundown and one hour before sunrise. <br />Table 3 <br />IJ2n <br />Feb <br />Mar Apr <br />May Jun <br />I Jul <br />Aug <br />Sep <br />Oct I Nov <br />Dec <br />Claimed cfs 70 <br />70 <br />70 255 <br />1 1000 1 1000 <br />1 1000 <br />559 <br />251 <br />143 103 <br />70 <br />Absolute 0 <br />0 <br />0 0 <br />0 0 <br />0 <br />0 <br />0 <br />0. 0 <br />0 <br />Conditional cfs 70 <br />70 <br />70 255 <br />1000 1000 1 <br />1000 <br />559 <br />251 1 <br />143 103 1 <br />70 <br />Colorado's Compact Entitlements. There is no evidence of any intent on the part of <br />Golden to export water outside of Colorado, and the water rights sought in the application will <br />not have that effect. Because the rights sought in this matter are on Clear Creek in Golden, <br />immediately upstream of major industrial, municipal and agricultural diversions of area in -state <br />water users, it will not negatively impact Colorado's ability to use its compact entitlements. The <br />unrebutted testimony of the former State Engineer, Dr. Danielson, established that the water <br />diverted by the Course and Extension will be beneficially used and reused by downstream <br />appropriators up to seven times before it reaches the Colorado - Nebraska state line. The State <br />conceded at trial that there is no adverse impact on Colorado's compact entitlement as a result of <br />this water right. <br />Time of Use. The evidence demonstrates that the Course is used every month and can be <br />used both during the day and at night. The decreed conditional and absolute amounts are set <br />forth in Tables 1, 2 and 3 above. <br />Page 9 of 11 <br />