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Distric Court, Water Div. 5, Colorado <br />Case . 06CW77; The Town of Carbondale <br />Findin s of Fact, Conclusions of Law, Ruling of Referee, Judgment and Decree <br />Page 6 of 9 <br />ited, the Court finds that the Town of Carbondale is entitled to conditional surface water <br />for the Structures given consideration of the following five statutory factors: <br />A. Compact Impairment: The Court finds that the adjudication and administration of <br />the claimed RICD, under the conditions contained in this Decree, will not impair the <br />ability of Colorado to fully develop and place to consumptive beneficial use its compact <br />entitlements. C.R.S. § 37- 92- 102(6)(b)(I) (2005). <br />B. Stream Reach Appropriateness: The Court finds that the Carbondale Gateway <br />Boating Park is located in an appropriate reach of the stream required for the intended <br />use. C.R.S. § 37 -92 -102 (6)(b)(H) (2005). The location of the Park is appropriate for many <br />reasons. The Park at its given location provides recreation, draws economic activity to the <br />Town of Carbondale, and is accessible from downtown Carbondale and from State <br />Highways 82 and 133. Additionally, the Park may be entered through property owned by <br />the Town of Carbondale. <br />C. Access for Recreational Use: The nature and extent of the access required for the <br />activities sought is proper. The Town of Carbondale owns and/or controls access for the <br />recreational in- channel use, and there are no impediments for the Town of Carbondale <br />obtaining adequate access. The Court finds, for the reasons stated above, that there is <br />access for the contemplated recreational uses. C.R.S. § 37- 92- 102(6)(b)(IR) (2005). <br />D. Instream Flow Rights Injury: There are instream flow water rights within this reach <br />of the Roaring Fork River. The Applicant will consult with the Division of Wildlife before <br />and during the construction of the RICD to ensure that the construction of the RICD <br />structures will not unreasonably impact the natural environment that the instream flow water <br />rights seek to protect. As a result, the Court finds that the RICDs will not cause material <br />injury to instream flow water rights. C.R.S. § 37- 92- 102(6)(b)(I1) (2005). <br />E. Maximum Utilization: The Carbondale Gateway Boating Park places a new, <br />valuable, beneficial use on the water of a seasonally over - appropriated stream, while <br />allowing for continued utilization and development of the waters of the State for both <br />consumptive and non - consumptive uses, without causing any reduction in flow, injury to <br />downstream water rights, or injury to upstream senior water rights. C.R.S. § 37-92 - <br />102(6) (b)(V) (2005). The proposed RICD appropriation promotes maximum utilization of <br />Colorado's water resources because the Town of Carbondale has used a reasonable <br />means to use, divert, capture, and control the water for a RICD so as to minimize its call <br />upon the river 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 decree, will <br />promote maximum utilization of the waters of the State. <br />The primary use of the Carbondale Gateway Boating Park is from 8:00 a.m. to 8:00 p.m. <br />all base flow levels and for intermittent flows of up to 1600 c.f.s. Nighttime boating events <br />limited to claims for intermittent flows for the number of days and events as described <br />suant to paragraph 5.E. Nighttime boating events included within the claim require notice to <br />