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Porzak Browning & Bushong LLP <br />Attorneys•at•Law <br />929 Pout SUvK Suite 300 Boulder, to 80302 30344344 Fax 303-443 -" <br />Vad oficc 846 Forest Rood Vail, 00 81657 970477 -3419 Fax 970.477 -5429 <br />To: Lee H. Johnson, Beth Ann Parsons, Donald E. Frick, Susan Schneider <br />From: Glenn E. Porzak <br />Date: May S, 2408 <br />Re: Case No. 47CW137; Documentation of Claimed Absolute Amounts <br />This memorandum contains a summary of the data on white water course use <br />documented by Dan Hardman of the City of Golden compared with the data of average daily <br />streamflow documented by Gary Thompson of W.W. Wheeler and Associates, Inc. in the letter <br />we previously furnished to you. The companion to this summary is an excel chart enclosed for <br />your review. This chart depicts the dates on which Dan Hartman has use data. For these dates <br />the time of recording is denoted, if after 6:04 p.m., as well as the number of boaters recorded. It <br />should be noted that Dan Hartman did not record the number of boaters each day of the year on <br />which use occurred, and only verified the number of boaters at certain tunes of the days on <br />which he recorded usage. Thus, his records document only a small fraction of actual usage. As <br />detailed below, Golden intends to supplement the documentation of white water course use up to/% <br />the time of entry of a decree in this case. <br />Mm M3 <br />The decree in Case No. 98CW448 sets forth the standard to make the City of Golden's <br />water rights absolute. The decree states "[w]here the evidence has tied a given use to a <br />contemporaneous flow rate, the court concludes that the maximum such coincidence of use and <br />flow rate, in a given month, establishes flow rate for that month far which Golden is entitled to <br />an absolute decree." Decree at 4. The chart correlates the use data and sbumflow data to <br />determine what water rights should be decreed absolute. For the dates on which average daily <br />stresm8ow met or exceeded a volume sufficient to have the entire flow that Golden has claimed <br />made absolute, cells are shaded yellow. For the dates on which average daily streamflow <br />exceeded the current absolute right but were less than the entire conditional right decreed in Case <br />No. 98CW448, cells are shaded green. <br />According to Case No. 98CW448, appropriations should be proven separately for <br />daytime and nighttime use. The water court determined that 6 am. — 6 p.m. is daytime and 6 <br />