Findings of Fact, Conclusions of Law, Ruling of the Referee and Judgment and Decree of the Court

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District Court, Water Div. 5, Colorado Case No. 06CW77; The Town of Carbondale Findings of Fact, Conclusions of Law, Ruling of Referee, & Judgment and Decree of the Court Page 4 of 10 3. The claim for 1,600 cfs intermittent flows is limited to 8:00 a.m. until 12:00 p.m. to allow for nighttime competitive events. 4. A call may be placed outside the call period to account for transit time in order to provide the desired flow within the call period. 5. The call for the intermittent flows can be made on twenty different days between May 15 and July 14. Within those twenty days, the call may not exceed: a. 1,100 cfs for more than twenty days b. 1,300 for more than fifteen days 1,600 cfs for more than ten days 6. The Town of Carbondale agrees to notify the Division Engineer seven days in advance of placing a call for the intermittent flows greater than 970 cfs. 7. The Town of Carbondale agrees to install and rate a measuring device within the RICD reach at the location of Structure 1, and such measuring device will be acceptable to the Division Engineer for water rights administration purposes. The measuring device may be one of the RICD Structures. Only this single measuring device shall be used for administrative purposes. F. Beneficial Use: RICDs are a beneficial use of water under Colorado law. C.R.S. 37 -92- 103(4) (2005). All recreational uses in and on the Roaring Fork River in connection with the Carbondale Gateway Boating Park — including but not limited to boating, kayaking, tubing, rafting, floating, canoeing, and other general recreational uses —are decreed beneficial uses. C.R.S. § 37 -92- 103(4) (2005). The Town of Carbondale will derive substantial economic benefits from the recreational use of the Park, and the amounts of water to carry out these recreational uses, as described in sub - paragraph E above, are reasonable and appropriate. Therefore, the recreational use is beneficial. G. Diversion and Control: The amounts of water claimed and decreed herein will be controlled in the water's natural course in the Roaring Fork River during the claimed time periods by means of hydraulic structures ( "Structures "). The design capacities of the Structures will capture, control, and divert the flows of the Roaring Fork River up to 1,600 cfs, which allow flows of that amount to be fully captured by the high flow channel constructed into each structure. The Structures will be designed such that the river is usable at a variety of water levels. The low flow channel constructed into each Structure will provide deep passage for boats and a usable hydraulic feature for inner tubes and other recreational water craft. During run -off, the high flow channel constructed into each Structure will provide a larger, more usable hydraulic feature in the form of a hydraulic jump or wave train that kayakers and other boaters may use for the intended recreational