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00CW259,Div. 5 <br /> 1)ecrce <br /> Accordingly, the Court finds that the three Park structures are capable of efficiently <br /> diverting and controlling the water flows without waste for the claimed conditional amounts as <br /> identified in the monthly chart in paragraph 4(F) above. The structures do not create whitewater <br /> features at flows below 30 cfs. <br /> H. Beneficial Uses. Recreation is a beneficial use of water in Colorado. The Court <br /> finds that the water claimed conditionally in the amounts described in paragraph 4F above can and <br /> will be beneficially used for recreational boating purposes. C.R.S. § 37-92-103(4)(2000). <br /> Moreover, the Town of Vail has and will continue to derive substantial economic benefits from <br /> the recreational use of the Park, particularly during the spring and early summers months when <br /> there are higher flows in the Park. These higher flows attract the greatest number of users, <br /> spectators and competitive events. These users and spectators spend many thousands of dollars in <br /> the Town of Vail, especially when competitive events are held. This is particularly important to a <br /> municipality such as the Town of Vail whose economy is based on tourism and where such <br /> 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 <br /> was uncontested that the economic value to the Town of Vail 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 <br /> economic benefit. The testimony demonstrated that when flows are at the 400 c.f.s. level, the <br /> Park is accessible to intermediate, advance-intermediate, expert, and even world class boaters. <br /> Intermediates use the easier parts of the Park, while more experienced boaters utilize more <br /> challenging structures in the Park. The evidence also demonstrated that the ability to continue to <br /> attract competitions depends on the possible availability of high flows in the 400 c.f s. range. <br /> Furthermore, the usage of water by the Park is non consumptive and available for reuse and <br /> diversion downstream of the Park. <br /> For all of the foregoing reasons, the Court concludes that the flows of 30 cfs up to 400 <br /> c.f.s. can and will be put to beneficial use and are not wasted. The Court recognizes that the <br /> District claimed amounts of water less than 400 c.f.s. in some months of the years as identified in <br /> paragraph 4F. The testimony also demonstrated that the water diverted and controlled by the <br /> Park at these lower flows is also beneficially used for recreational purposes. Therefore, the Court <br /> further finds that all amounts less than the 400 c.f.s. but more than 30 c.f.s. are also put to <br /> beneficial use and are not wasted. <br /> The Court also finds that the water controlled by the Park structures is incidentally used <br /> for piscatorial purposes. However, the Court concludes that there is insufficient evidence to <br /> support an appropriation for that purpose separately and apart from the operation of the <br /> whitewater park and that the application for piscatorial rights should be denied. <br /> khml000 <br /> —5— <br />