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 5 of 10 purposes. In view of the foregoing, the Carbondale Gateway Boating Park Structures are capable of efficiently diverting and controlling the water flows without waste for the claimed conditional amounts as identified above and in a manner that constitutes a diversion under C.R.S. § 37 -92- 103(7) (2005), at all flow rates up to the maximum claimed at paragraph E, above. See Colorado Water Conservation Board v. Upper Gunnison River Water Conservancy District, 109 P.3d 585, 591 (Colo. 2005). H. The Carbondale Gateway Boating Park RICD Does Not Involve Waste: The Court concludes that the amounts of water decreed for the RICDs are reasonable and appropriate, under reasonably efficient practices, to accomplish without waste the purpose for which the appropriation is lawfully made. C.R.S. § 37 -92- 103(4) (2005). Waste involves diverting more water than one can put to a beneficial use or commanding unutilized water in order to divert the needed amount. That situation does not exist in the Town of Carbondale's Application. The five Structures are designed for flows of up to 1600 cfs. It is at those higher flows where the Carbondale Gateway Boating Park turns into a competitive facility for events, river festivals, and use by the general public. Since the requested water rights (up to 1600 cfs) will be put to a beneficial use, there is no waste. The Town of Carbondale will build competitive facilities capable of being used by beginner, intermediate, and advanced boaters and obtain water rights to protect that investment. Reasonableness of the appropriation is also reflected by compromise settlements with the Objectors. Minimum Flows for Reasonable Recreation Experiences: Pursuant to C.R.S. § 37- 92- 103(5) and (10.3) (2005) and Colorado Water Conservation Board v. Upper Gunnison River Water Conservancy District, 109 P.3d 585 (Colo. 2005), a RICD is limited to the minimum flow for a reasonable recreation experience in and on the water. Reasonable Recreation Experience: The reasonableness of the recreation experience is determined by considering the available stream flow during the time period claimed, the economic value to be derived, existing uses during those time periods, and other factors. Colorado Water Conservation Board v. Upper Gunnison River Water Conservancy District, 109 P.3d 585, 602 (Colo. 2005). The Town of Carbondale seeks water rights to sustain reasonable recreation experiences in and on the water from March 15th until November 30th. The Town of Carbondale's purpose in constructing the Carbondale Gateway Boating Park is to create a recreational amenity that draws boaters and spectators to the region. Stream flows measured at the Emma Gage, as supplemented by diversion records, demonstrate that the flows claimed in paragraph E, above, are typically available. The Town of Carbondale's claimed non - consumptive use does not impair water from reaching the downstream calling rights, even when there is a downstream call. Having weighed the evidence, the Court concludes that the appropriations sought by the Town of Carbondale, viewed objectively, and