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Colorado River Division 5 Breckenridge RICD 00CW2810 06/05/2002
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Colorado River Division 5 Breckenridge RICD 00CW2810 06/05/2002
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10/27/2014 3:20:49 PM
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Water Supply Protection
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Breckenridge RICD 00CW28101 Case # 08CW73 (00CW281) Findings of Fact, Conclusions of Law and Decree of the Water Court
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
6/5/2002
Author
Porzak Browning & Bushong LLP Glenn E. Porzak (#2793) Katherine A.D. Ryan (#38873)
Title
Breckenridge RICD 00CW28101 Case # 08CW73 (00CW281)Findings of Fact, Conclusions of Law and Decree of the Water Court
Water Supply Pro - Doc Type
Court Documents
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OOCW281,Div. 5 <br /> Decree <br /> outer portions of the Park structures are not overtopped. The design and construction of the Park also allows <br /> passage by recreational water craft during periods of low flow rates,where passage was not possible prior to <br /> construction. The low flow passage is possible because the Park design diverts and concentrates all of the <br /> Blue River flow through a constructed low flow channel,rather than allowing the flow to be thinly dispersed <br /> across the natural stream channel. Although the structures were designed and built to look as natural as <br /> possible, the structures completely divert and control the streamflow. The structures produce whitewater <br /> features at flows in excess of 100 cfs and maintain and enhance those features up to a flow of 500 cfs. <br /> In view of the foregoing,the Court finds that the structures in the Park control,concentrate and direct <br /> the flow of water though the Park in a manner that constitutes a diversion under C.R.S. § 37-92- <br /> 103(7)(2000). City of Thornton v. City of Fort Collins, 830 P.2d 915,930(Colo. 1992)("controlling water <br /> within its natural course by some structure or device for a beneficial use thus may result in a valid <br /> appropriation");Decree of the District Court in and for Water Division No. 1 in Case No. 98CW448,dated <br /> June 13, 2001, regarding the Application for Water Rights of the City of Golden. Moreover,under the facts <br /> of this case, the Park structures accomplished this diversion in an efficient manner without loss or waste. <br /> Accordingly, the Court finds that the 15 Park structures are capable of efficiently diverting and <br /> controlling the water flows without waste for the claimed conditional amounts as identified in the monthly <br /> chart in paragraph 4(F)above. <br /> H. Beneficial Uses. Recreation is a beneficial use of water in Colorado. The Court finds that the <br /> ater claimed conditionally in the amounts described in paragraph 4F above can and will be beneficially used <br /> or recreational boating purposes. C.R.S. §37-92-103(4)(2000). Moreover,the Town of Breckenridge has <br /> and will continue to derive substantial economic benefits from the recreational use of the Park, particularly <br /> during the spring and early summers months when there are higher flows in the Park. These higher flows <br /> attract the greatest number of users, spectators and competitive events. These users and spectators spend <br /> many thousands of dollars in Breckenridge, especially when competitive events are held. This is particularly <br /> important to a municipality such as the Town of Breckenridge whose economy is based on tourism and where <br /> such tourism is traditionally at its lowest during these "shoulder months". In addition, competitive <br /> whitewater events are scheduled to occur at the Park beginning in 2002. Therefore, the evidence was <br /> uncontested that the economic value to the Town of Breckenridge will continue to increase as the Park <br /> attracts increasing numbers of boaters and spectators from the region and out of state. <br /> It was uncontested that the higher the flows, the greater the Park usage and the attendant economic <br /> benefit. The testimony demonstrated that when flows are at the 500 cfs level, the Park is accessible to <br /> intermediate,advance-intermediate,expert,and even world class boaters. Intermediates use the easier parts <br /> of the Park, while more experienced boaters utilize more challenging structures in the Park. The evidence <br /> also demonstrated that the ability to continue to attract competitions depends on the possible availability of <br /> high flows in the 500 cfs range. Furthermore, the usage of water by the Park is non consumptive and <br /> available for reuse and diversion downstream of the Park. The structures do not create whitewater features at <br /> flows less than 100 cfs. <br /> fd6970 _-5_ <br />
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