Application to Make Conditional Water Rights Absolute and for Reasonable Diligence

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p.m. — 6 a.m. is nighttime. In defining the nighttime use, the decree stated that "[tjhe court has chosen 6:00 p.m. and 6:00 am. as a year -round average demarcation between light and dark, recognizing that seasonal differences are substantial" Id. It should be noted that Gary Thompson has supplemented average daily streamflow data so that both daytime and nighttime water rights will be decreed for the maximum flow that correlates with documented use. By way of example, the data that we provided to you earlier documents a flow rate exceeding 1000 cfs on May 29, 2003, when there was recorded use during the nighttime. The streamflow data has been supplemented to reflect the fad that on May 24, 2003, the flow was 671 cfs when there was recorded use during the daytime. Finally, please note that the standards for making water rights absolute for the White Water Course and for the White Waxer Course Extension are identical. Construction of the White Water Course Extension was completed in February 2003. All of the dates for which flow rates occurred that are used to claim an absolute right occurred after February 2003. Therefore, all of the data discussed in this analysis is applicable for the White Water Course and the White Water Course Extension. Recorded Usage & Streamflow R1130 During 2003 there were three months when streamflow exceeded the claimed volume on dates when boaters were documented in the course. Specifically, there was documented use when flows were at or above 1000 cfs in May between 6:00 p.m. and 6:00 am.; 1000 cfs in June between 6:00 p.m. and 6:00 a.m. and between 6:00 am. and 6:00 p.m.; and 70 cfs in December between 6:00 a.m. and 6:00 p.m. There were five months when use was documented during a period when streamflow exceeded the volume decreed absolute in Case No. 98CW448, but flows were leas than the decreed conditional amount. Specifically, there was documented use when the flow was at 671 cfs in May between 6:00 a.m. and 6:00 p.m. (out of the 1000 cfs decreed conditionally); 563 cfs in July between 6:00 am, and 6:00 p.m. (out of the 1000 cfs decreed conditionally; I S$ cfs in September between 6:00 a.m. and 6:00 p.m. and between 6:00 p.m. and 6:00 a.m. (out of the 251 cfs decreed conditionally) ; 142 cfs in October between 6:00 a.m. and 6:00 pm. (out of the 143 cfs decreed conditionally); and 73 cfs in November between 6:00 a.m. and 6:00 p.m. (out of the 103 cfs decreed conditionally). wa During 2004 there were two months when streamflow exceeded the claimed volume on data when boaters were documented in the course. Specifically, there was documented use when flows were at or above 70 cfs in January between 6:00 a.m. and 6:00 pm., and 70 cfs in March between 6:00 am. and 6:00 p.m. There were three months when use was documented during periods when streamflow exceeded the volume decreed absolute in Case No. 98CW448, but flows were less than the 23013 2