BOARD01571

• Board Meeting Date: 5/24/2004
• Description: ISF Section - Longmont Recreational In-Channel Diversion ‎(RICD)‎ Informal Hearing, Case No. 1-01CW275
• Board Meetings - Doc Type: Memo

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Exhibit A
City of Longrnont
Case No. 2001 CW275
Page 4

B. Ifthe Course should fall into disrepair such that the Course is not used for a
period often years or more, then, pursuant to S 37-92-402(11), 10 C.R.S. (2003), a rebuttable
presumption of abandonment of the water right shall be created.

C. The recreational experiences and amounts described in Paragraph 7.D above
may be sought for each identified time period. However, dUling times when administration of a
call for a given recreational experience and amount by State water officials would not in any event
produce flows equal to or greater than ten-percent less than the amount sought for that time period
for that recreational experience, the call will be presumed futile for that amount and that type of
experience, but Longmont may seek to enforce an administrative call for the next lower
recreational experience and its corresponding flow anlOunt. By way of example, if a call would
not (in any event) produce 315 cfs (350 cfs minus 10% (35)) on June I for expert kayaking, then
Longmont could seek to enforce a call for 150 cfs for an intermediate kayaking experience;
moreover, if a call would not (in any event) produce 135 cfs, then Longmont could seek to enforce
a call for 100 cfs for a beginner kayaking experience. Also, by way of example, if a call would
not (in any event) produce 135 cfs during the first two weeks of May for an intennediate kayaking
experience, then Longmont could seek to enforce a call for 100 cfs for a beginner kayaking
experience. The condition ofthis Paragraph KC shall not apply to the boat passage flow amount.

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9. Municipal corooration. Longmont, a municipality incorporated in the State of
Colorado, is an entity designated by S.B. 216, 2001 Colo. Sess. Laws 1187-1188 (hereinafter
"S.B. 216"), as entitled to appropriate a recreational in-channel diversion ("RlCD"). S 37-92-
103(4) and (IOJ), 10 C.R.S. (2003).

10. Reach of stream apPropriate. The reach of St. Vrain Creek in which the White
Water Course is located is an appropriate reach of stream for the intended recreational in-channel
use. S 37-92-102(6)(b)(II), 10 C.R.S. (2003).

11. Appropriative intent. Longmont has effected an appropriation of water by
demonstrating a specific plan and intent to divert the claimed amounts of water at the claimed time
periods and to apply such water to beneficial use, specifically recreational in-channel boating use
in the White Water Course. S 37-92-103(3)(a), 10 C.R.S. (2003). Longmont has completed the
"first step" toward the conditional appropriation by showing the requisite intent to appropriate
accompanied by an open, physical demonstration of that intent.

12. Beneficial use. Recreational in-channel boating is a recognized beneficial use of
water under Colorado water law. S 37-92-103(4) and (1 OJ), 10 C.R.S. (2003).

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13. Control structures. The amounts of water claimed and decreed herein will be
controlled in the water's natural course in St. Vrain Creek during the claimed time periods by
means ofu-shaped dam structures and offset water deflector devices constructed or proposed for