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. Exhibit A City of Longmont CaseND.2001CW275 Page 6 Matter of Rules and Reg. Gov. Use, Control & Protection of Water Rights [also known as Alamosa-LaJara Water Users Protection Ass'n v. Gould], 674 P .2d 914, 935 (Colo. 1983). The water rights decreed herein control water and place it to the intended beneficial uses via a reasonably efficient means of diversion without any waste. They are non-consumptive and should have a positive economic impact on Longmont. They do not preclude other water development opportunities either downstream or upstream. 18. No iniurv to instream flow rights. There are no existing decreed instream flow water rights in the reach of the water rights decreed herein, or any affected downstream reach of St. Vrain Creek. Exercise of the water rights decreed herein will not cause material injury to any CWCB instream flow water rights. g 37-92-1 02(6)(b )(IV), 10 C.R.S. (2003). 19. Measurement and administration. The water rights decreed herein can be adequately measured and administered through the proposed reach by using the USGS Gage No. 06725450, or any other gage acceptable to the Division Engineer, and accounting for intervening . inflows and diversions between that gage and the White Water Course. 20. Access. There is access for recreational in-channel use. g 37-92-1 02(6)(b )(IIl), 10 C.R.S. (2003). 21. Water available. Water is available for the claimed appropriation. 22. Can and will. The waters c1ain1ed by Longmont can be and will be diverted, or otherwise captured, possessed, and controlled and will be beneficially used and the project can and will be completed with diligence and within a reasonable time. g 37'92-305(9)(b), 10 C.R.S. (2003). 23. Lon2lTIont entitled to decree. Subject to the tenns and conditions herein, Longmont is entitled to a decree confinning conditional water rights for recreational in-channel boating uses at the proposed in-channel physical control structures and devices in the amounts claimed during the claimed time periods with an appropriation date of July 10,2001. 24. CWCB recommendation considered. The Comi has duly considered the . ,2004 findings and reconunendations of the Colorado Water Conservation Board to the Water Court. .