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<br />" <br /> <br />, <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />, <br /> <br />Jan feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec <br />101 75 96 255 1000 1000 1000 559 251 143 103 128 <br /> <br />9. BeneficiallJses for Course and Extension Structures. Boating (including kayaking, <br />rafting and canoeing), piscatorial, and general recreational uses. <br /> <br />10. Can and Will. Water is available for the conditional appropriations described above at <br />paragraphs 8(A)(ii) and 8(B) and Golden can and will perfect said appropriations within a <br />reasonable time consistent with C.R.S. ~ 37-92-305(9)(b). <br /> <br />CONCLUSIONS OF LAW <br /> <br />11. Jurisdiction. Timely and adequate notice ofthe filing ofthis 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 /> <br />12. Diversion Structures. Pursuant to C.R.S. ~ 37-92-103(7), 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 City of Golden's <br />White Water Course and which will constitute the Extension thereof are such divers.ion structures <br />or devices. See City of Thornton v. City of fort Collins, 830 P.2d 915 (Colo, 1992). <br /> <br />RULING OF THE REFEREE <br /> <br />13. The foregoing findings of Facts and Conclusions oflaw are fully incorporated into this <br />Ruling by this reference. <br /> <br />14. The absolute water rights for the structures constituting the City of Golden White Water <br />Course as described above, and in the amounts set forth above at paragraph 8(A)(i), are hereby <br />approved and decreed as such. The conditional water rights for the months of May and July for <br />the structures constituting the Golden White Water Course as described above, and in the <br />amounts set forth above at paragraph 8(A)(ii), are hereby granted and decreed as such. The <br />requested conditional water rights for the structures that will constitute City of Golden White <br />Water Course (Extension) as described above, and in the amounts set forth above at paragraph <br />8(B), are hereby granted and decreed as such. <br /> <br />15. An Application for Sextennial Finding of Reasonable Diligence shall be filed on or <br />before the last day of , 2005, if Golden desires to maintain its conditional water <br />rights, or a showing made on or before said date that the conditional rights have been made <br />absolute by completion of the appropriation, <br /> <br />It is accordingly ORDERED that this Ruling shall be filed with the Water Clerk subject <br />to judicial review. <br /> <br />Sb0572 <br /> <br />-5- <br />