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<br />. <br /> <br />. <br /> <br />preliminary notice discussion the Board directed us to go ahead with a final <br />notice. Again the final notice was prepared, sent out to the same interest <br />group that we had covered previously we have not received any comments <br />on the final notice. Final recommendations were also discussed in the <br />Colorado Water Congress, the special meeting of the, I believe they're <br />called, the Endangered Species Subcommittee and Eric Kuhn is here to <br />make some comments on that. Based on all these studies, the technical <br />studies prepared by the Service, the Water Availability Study prepared by <br />the staff and reviewed and approved by the Board, the staff has a <br />recommendation which is the following and I would like to read these <br />verbatim so that the recommendation does go into the record and <br />represents the Board's decision. <br /> <br />First of all the staff recommends that the Board (1) determine pursuant to <br />section 37-92-102(3) that (a) a natural environment does exist in the 15 <br />Mile Reach (b) water is available in the reach for appropriation (c) the <br />natural environment will be preserved to a reasonable degree by the water <br />available for the recommended appropriation (d) there is a natural <br />environment that can be preserved to a reasonable degree with the <br />recommended water right if granted (e) such natural environment can exist <br />without material injury to water rights. These are the statutory <br />requirements that the Board has to make a finding on or a determination <br />on. Step two of this recommendation is that the Board appropriate based <br />on these determinations the recommended instream flow right in the 15 <br />Mile Reach, such appropriation being for such waters as have been <br />determined to be required for minimum stream flows to preserve the <br />natural environment to a reasonable degree. I have a couple other <br />recommendations that maybe I'll go to and then we can return to this first <br />and second recommendation. <br /> <br />The other recommendation that I want to talk about is not included in the <br />