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The Rio Grande Water Conservation District, the Southwestern Water Conservation <br />District, City and County of Denver acting by and through its Board of Water Commissioners, <br />the Southeastern Colorado Water Conservancy District, the Upper Yampa Water Conservancy <br />District, the Town of Oak Creek, the Town of Yampa, the Colorado Farm Bureau,.the and City <br />of Aurora, Colorado, acting by and through its Utility Enterprise, by their respective attorneys, <br />file this brief as amici curiae. <br />I. STATEMENT OF THE ISSUES PRESENTED FOR REVIEW <br />1. Whether a water right for a recreational in- channel diversion is limited to the <br />"minimum stream flow" for a "reasonable recreation experience" in accordance with section 37- <br />92- 103(10.3), 10 C.R.S. (2003). <br />2. Whether sections 5 and 6 of article XVI of the Constitution of the State of <br />Colorado grant a right to control the unappropriated waters of any natural stream between <br />specific points defined by physical control structures for recreational uses that cannot be limited <br />by the General Assembly. <br />II. STATEMENT OF THE CASE AND INTEREST OF AMICI <br />The undersigned amici adopt the Statement of the Case and Statement of Facts in the <br />Opening Brief of the Colorado Water Conservation Board, but adds these facts related to their <br />interests as amici curiae. <br />The undersigned amici are either governmental entities with statutory responsibilities for <br />water management and conservation covering a significant portion of the State of Colorado or <br />private organizations whose members own water rights in Colorado. The interests and areas of <br />responsibility of the respective amici are as follows: <br />1. The Rio Grande Water Conservation District ( "Rio Grande District ") was created <br />pursuant to state statute in 1968 based on a legislative declaration that "the conservation of the <br />2 <br />