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00CW281,Div.5 <br /> Decree <br /> CONCLUSIONS OF LAW <br /> Jurisdiction. Timely and adequate notice of the filing of this Application was given as required by law <br /> and this Court has jurisdiction over this Application and over all parties affected thereby,whether or not they <br /> have chosen to appear. <br /> Diversion Structures. Pursuant to C.R.S. § 37-92-103(7)(2000), a diversion of water may include <br /> "controlling water in its natural course or location by means of a...structure or device." The dam structures <br /> and flow deflector control devices which constitute the Park are such diversion structures or devices. See, <br /> City of Thornton v. City of Fort Collins, 830 P.2d 915 (Colo. 1992). <br /> Right of Appropriation. The Town of Breckenridge's constitutional right to appropriate a new water <br /> right in accordance with Colorado law may not be denied or limited based upon the public trust doctrine, or <br /> similar policy restraints purportedly rooted in concern for the quantities that should be left for future water <br /> users. <br /> Beneficial Use. Recreational purposes are beneficial uses of water in Colorado. C.R.S. § 37-92- <br /> 103(4)(2000). <br /> RULING AND DECREE <br /> 1. The foregoing Findings of Fact and Conclusions of Law are fully incorporated into this <br /> Ruling and Decree by this reference. <br /> 2. The conditional water rights for the structures constituting the Park are hereby decreed in the <br /> amounts as set forth in paragraph 4(F)above when flows exceed 100 cfs. <br /> fd6970 —8— <br />