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<br />''" <br /> <br />. - , <br /> <br />6. Whether the exercise of the Pueblo R1CD would cause material injury to existing <br />ISF water rights. <br /> <br />The Staff recommends that the Board find that the exercise of the Pueblo RICD will <br />not cause material injury to existing ISF water rights. There are no instream flow water <br />rights on the Arkan~~ls River below Pueblo Reservoir, and none are contemplated at this <br />time. <br /> <br />7. Whether the adjudication and administration of the Pueblo RICD would <br />promote-maximum utilization of the waters of the State. <br /> <br />The Staff recommends a decree limiting the water right and including the terms and <br />conditions as outlined above in order to promote maximum utilization of Colorado's <br />water resources. In addition, the Staff recommends that the appropriation date not <br />predate the effective date of SB 216 (July 1,2001). This will contribute to the maximum <br />utilization of the State's resources in that the many exchanges filed in 2001 that have <br />more senior appropriation dates will be permitted to operate while still providing for a <br />reasonable recreational experience. Further, since RICD water rights were not legally <br />recognized prior to the passage of SB 216, it would be impossible to have the intent to <br />appropriate a water right under that law. <br />