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000W259,Div. 5 <br /> Decree <br /> absolute and conditional, that are decreed for structures between the Park and the state line. Due <br /> to the upstream location, the use of water for recreational purposes at the Park does not reduce <br /> the supply of water available for those existing water rights or future appropriations in any <br /> manner. In fact, the water may continue to be used and reused several times between the Park <br /> and the state line. <br /> Moreover, the Upper Colorado River Compact allocates the amount of entitlement to the <br /> Colorado River flows among the upper basin states based on consumptive use. Since the <br /> recreational and piscatorial use of Gore Creek at the Park is non-consumptive, it will not add to <br /> Colorado's consumptive use quota. <br /> M. Administration. The water rights for the Park can be administered using the <br /> existing gages downstream of the Park. These gages include the U.S. Geological Survey's"Gore <br /> Creek above Red Sandstone Creek at Vail" gage and the"Middle Creek near Minturn" gage. By <br /> utilizing these gages and accounting for stream flow gain from intervening drainage areas, the <br /> water rights for the Park can be administered in the same way all other water rights are <br /> administered - in priority. Notwithstanding, should the state and division engineer reasonably <br /> require the installation and maintenance of another meter, guage or measuring device to <br /> administer the water rights granted herein, such may be required pursuant to C.R.S. § 37-92- <br /> 502(5)(a). <br /> CONCLUSIONS OF LAW <br /> Jurisdiction. Timely and adequate notice of the filing of this Application was given as <br /> required by law and this Court has jurisdiction over this Application and over all parties affected <br /> thereby, whether or not they have chosen to appear. <br /> Diversion Structures. Pursuant to C.R.S. § 37-92-103(7)(2000), a diversion of water may <br /> include"controlling water in its natural course or location by means of a ...structure or device." <br /> The dam structures and flow deflector control devices which constitute the Park are such <br /> diversion structures or devices. See, City of Thornton v. City of Fort Collins, 830 P.2d 915 <br /> (Colo. 1992). <br /> Right of Appropriation. The District'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 <br /> doctrine, or similar policy restraints purportedly rooted in concern for the quantities that should <br /> be left for future water users. The water rights decreed herein, by virtue of the express language <br /> of Senate Bill 216, C.R.S. § 37-92-102(6)(d), is exempt from review under the provisions of that <br /> bill, as the Application herein was filed prior to January 1, 2001. <br /> khm1000 -7- <br />