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CONCLUSIONS OF LAW <br />Jurisdiction. Timely and adequate notice of the filing of this Application was given as <br />required by law and this Court has jurisdiction over this Application and over all parties affected <br />thereby, whether or not they have chosen to appear. <br />Diversion Structures. Pursuant to C.R.S. § 37 -92- 103(7), a diversion of water may <br />include "controlling water in its natural course or location by means of a ... structure or <br />device. " The dam structures and flow deflector control devices which constitute the City of <br />Golden's White Water Course and which will constitute the Extension are such diversion <br />structures or devices. See City of Thornton v. City of Fort Collins, 8" )0 P.2d 915 (Colo. 1992). <br />Golden's constitutional right to appropriate a new water right in accordance with <br />Colorado law may not be denied or Iimited based upon the public trust doctrine, or similar policy <br />restraints purportedly rooted in concern for the quantities that should be left for future water <br />users. "[4]public interest theory is in conflict with the doctrine of prior appropriation because a <br />water court cannot, in the absence of statutory authority, deny a legitimate appropriation based <br />on public policy. " Board of County Commissioners, 891 P.2d 952, 972 (Colo. 1995); Aspen <br />Wilderness Workshop y. Water Conservation Board, 901 P.2d 1251, 1263 (Colo. <br />1995). <br />Recreational use is a beneficial use of water in Colorado. <br />RULING AND DECREE <br />G. The foregoing Findings of Facts and Conclusions of law are fully incorporated into this <br />Ruling and Decree by this reference. <br />H. The absolute water rights for the structures constituting the City of Golden White Water <br />Course are hereby decreed set forth set forth inTables 1 and 2, above. <br />L The conditional water rights for the White Water Course are hereby decreed as set forth in <br />Tables 1 and 2, above. <br />J. The conditional water rights for the for the proposed Extension are hereby decreed in <br />amounts as set forth in Table 3, above, for the respective 12 -hour periods set forth in <br />Tables 1 and 2. However, as above, perfection of nighttime rights must be established <br />from uses that occur between one -hour after sundown and one hour before sunrise. <br />K. An Application for Sextennial Finding of Reasonable Diligence shall be filed on or <br />before the last day of June 2007, if Golden desires to maintain its conditional water <br />rights, or a showing made on or before said date that the conditional rights have been <br />made absolute by completion of the appropriation. <br />