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<br /> <br />. <br /> <br />o <br /> <br />. <br /> <br />STATE OF COLORADO <br /> <br />Colorado Water Conservation Board <br /> <br />Department of Natural Resources <br />1313 Sherman Street, Room 721 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3441 <br />FAX: (303) 866-4474 <br />www.cwcb.state.co.us <br /> <br />a <br /> <br />News Release <br /> <br />Bill Owens <br />Governor <br /> <br />August 1, 2001 <br />For Immediate Release <br /> <br />GregE. Walcher <br />Executive Director <br /> <br />News Contact: <br />303-866-3441 <br /> <br />Rod Kuharicl1 <br /> <br />Rod Kuharich <br />Director <br /> <br />State Water Policy and Planning Board <br />Appeals Water Use Decision <br /> <br />Dan McAuliffe <br />Deputy Director <br /> <br />On Monday, July 24 the Colorado Water Conservation Board (CWCB) voted unanimously to appeal <br />a water court decision to allow the City of Golden to use all the flow of Clear Creek for a kayak course. This <br />action follows a decision by a water court judge in Greeley in June to award the City of Golden as much as <br />lOOO-cfs worth of water to operate a water park. <br />The CWCB opposed the water right application because such a right would preclude all future <br />development upstr~am ofthe park and inhibit future water exchanges and transfers. <br />"The duty ofthis Board is to ensure the maXimum utilization of water. Our data indicates that <br />kayakers of every skill level can enjoy the water park with a 200-cfs flow and that a lOOO-cfs flow can <br />actually be dangerous. To obtain a water right one must show that the request for water is tied to use and that <br />there will be no waste of water, This decision ignores some fundamentals of water law," said CWCB <br />Director Rod Kuharich. <br />Water courts are not permitted to examine global water use issues when making water allocation <br />decisions. For that reason, the General Assembly gave the CWCB the responsibility of advising water courts <br />about the impact of future applications for water rights for kayak courses. Recreation is important to the <br />state'seconomy, and for that reason, Colorado is nOW the only state in the union that statutorily recognizes <br />that recreation is a beneficial use of water. The courts and the CWCB must now blend these water rights into <br />our evolving water rights system, making sure that the statutory criteria of the minimum amount of water <br />necessary for a reasonable recreation experience is adhered to, <br /> <br />Colorado W Mer Conservation Board <br />Flood Protection. Water Project Planfting and Financing. Stream and Lake Protection <br />Water Supply Protection. Conservation Planning <br />