Colorado River Division 5 Silverthorne RICD 04CW217 Unopposed Motion

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Town of Silverthorne Case No.04CW217 Page 7 appropriate under reasonably efficient practices to accomplish without waste the purpose for which the appropriation was lawfully made by Silverthorne. C.R.S. §37-92-103(4)and(10.3); and 14.3 will create opportunities for the intended recreational experiences to occur,at the minimum stream flows needed to provide the identified recreational experiences. C.R.S. §37-92-103(10.3). 15. Reasonable Recreational Experience.The intended recreation experiences are reasonable. C.R.S. §37-92-103(10.3). By using the proposed in-channel structures and devices in a reasonably efficient manner to control that amount of water that is reasonable and appropriate to accomplish without waste the intended recreational in-channel boating purposes,and by thereby providing opportunities for reasonable recreation experiences to occur with the minimum amounts of water for each recreational opportunity,the proposed appropriation of water meets the beneficial use standards historically applied to water rights as well as the standards applied specifically to recreational in-channel diversion_C.R.S. §37-92-103(4) and (10.3);Santa Fe Ranches Property Owners Assoc. v. Simpson, 990 P.2d 46,53-54 (Colo. 1999). • 16. No Impairment of Compact Entitlements.The adjudication and administration of the claimed water right will not impair the ability of Colorado to fully develop and place to consumptive beneficial use its compact entitlements.C.R.S. §37-92- 102(6)(b)(1). • 17. Maximum Utilization.The adjudication and administration of the water rights described herein will promote maximum utilization of waters of the State. C.R.S. §§37-92- 102(1)(a),37-92-102(6)(b)(V);See, e.g., Board of County Commissioners of County of Arapahoe v. Crystal Creek Homeowners Assoc., 14 P.3d 325,333 (Colo.2000)(citing Alamosa-Lalara Water Users Protection Assn v. Gould, 674 P.2d 914,935(Colo. 1983).The water rights decreed herein control water and place it to the intended beneficial uses via a reasonably efficient means of diversion without waste. They are non-consumptive and should have a positive economic impact on Silverthorne. 18. No lnjury.to Instream Flow Rights.There are existing decreed instream flow water rights in the reach of the water rights decreed herein. However,exercise of the water rights decreed herein will compliment,and will not cause material injury to,any CWCB instream flow water rights. C.R.S. §37-92-102(6)(b)(1V). 19. Measurement and Administration.The availability of water for the water rights decreed herein can be adequately measured by using the USGS Gage Nos. 09050700(on the Blue River below Dillon Dane)and 09051050(on Straight Creek below Laskey Gulch),or any other gage acceptable to the Division Engineer,and accounting for intervening inflows and diversions,if any,between those gages and the Course. Any call for water for the water right decreed herein shall be administered from the location of Structure l and such water shall then be delivered downstream through the entire length of the Course 20. Access.There is access for recreational in-channel use;that access is owned