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<br /> <br /> <br />The Court Shall Determine, Upon <br />Evidence of Record, the Following: <br /> <br />· Whether the City of Pueblo has demonstrated the <br />intent to appropriate the flows sought for the lawful <br />purpose of establishing an RICO; <br />· Whether the City of Pueblo is precluded by the <br />Pueblo City Charter from filing for an RICO; <br />· Whether the City of Pueblo will be able to obtain all <br />necessary local, state and federal permits or <br />approvals necessary for the completion of the RICO <br />such that it can and will complete its appropriation <br />within a reasonable period of time; and <br />· Whether the City of Pueblo can obtain adequate <br />access for the RICO such that it can and will <br />complete its appropriation within a reasonable <br />period of time. <br /> <br />51 <br />