Laserfiche WebLink
District Court, Water Div. 5, Colorado <br />Case No. 06CW77; The Town of Carbondale <br />Findings of Fact, Conclusions of Law, Ruling of Referee, & Judgment and Decree of the Court <br />Page 7 of 10 <br />evidence presented, the Court finds that the Town of Carbondale is entitled to <br />conditional and absolute water rights for the RICDs given consideration of the five <br />factors set out below: <br />Compact Impairment: The Court finds that the adjudication and <br />administration of the claimed RICDs, under the conditions contained in this <br />Decree, will not impair the ability of Colorado to fully develop and place to <br />consumptive beneficial use its compact entitlements. C.R.S. § 37-92- <br />102(6)(b)(1) (2005). <br />2. Stream Reach Appropriateness: The Court finds that the Carbondale <br />Gateway Boating Park is located in appropriate reaches of the stream <br />required for the intended use. C.R.S. § 37 -92 -102 (6)(b)(II) (2005). The <br />location of the Park is appropriate for many reasons. The Park at its given <br />location provides recreation, draws economic activity to the Town of <br />Carbondale, and is accessible from downtown Carbondale and from State <br />Highways 82 and 133. Additionally, the Park may be entered through <br />property owned by the Town of Carbondale. <br />3. Access for Recreational Use: The nature and extent of the access required <br />for the activities sought is proper. The Town of Carbondale owns and/or <br />controls the access for the recreational in- channel use, and there are no <br />impediments for the Town of Carbondale obtaining adequate access. The <br />Court finds, for the reasons stated above, that there is access for the <br />contemplated recreational uses. C.R.S. § 37- 92- 102(6)(b)(III) (2005). <br />4. Instream Flow Ri hg is Injury: The Carbondale Gateway Boating Park will be <br />entirely non - consumptive. The Court, therefore, finds that the RICDs will <br />not cause material injury to instream flow water rights. C.R.S. § 37-92 - <br />102(6)(b)(IV) (2005). <br />Maximum Utilization: The Carbondale Gateway Boating Park places a <br />new, valuable, beneficial use on the water of a seasonally over - <br />appropriated stream, while allowing for continued utilization and <br />development of the waters of the State for both consumptive and non - <br />consumptive uses, without causing any reduction in flow, injury to <br />downstream water rights, or injury to upstream senior water rights. C.R.S. <br />§ 37- 92- 102(6)(b)(V) (2005); Board of County Commissioners of County of <br />Arapahoe v. Crystal Creek Homeowners Association, 14 P.3d 325, 333 (Colo. <br />2000) (citing Alamosa- Ladara Water Users Protection Association v. Gould, <br />674 P.2d 914, 935 (Colo. 1983). The proposed RICD appropriation <br />promotes maximum utilization of Colorado's water resources because the <br />Town of Carbondale has used a reasonable means to use, divert, capture, <br />and control the water for a RICD so as to minimize its call upon the river <br />and avoid waste. Based upon the evidence, the Court finds that the <br />adjudication and administration of the RICDs, subject to the terms of this <br />decree, will promote maximum utilization of the waters of the State. <br />