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(3) Material Injures That such environment can exist without material injury to water rights. <br />These determinations shall be subject to judicial review in the water court application and decree <br />proceedings initiated by the Board, based on the Board's administrative record and utilizing the <br />criteria of § 24-4-106(6) and (7), C.R.S. (1999). <br />Staff Recommendation <br />For the stream segments listed in the attached Instream Flow Recommendation Tabulations, the <br />staff recommends that the Board: <br />(1) Determine, pursuant to section 37-92-102(3), CRS, and based upon the recommendations <br />of the BLM, a review of the data and other information presented by Staff, in this memo and <br />orally, and Staffs recommendation for instream flow appropriations on the streams identified; <br />that: <br />(a) A natural environment does exist on each stream; <br />(b) Water is available in each stream for appropriation; <br />(c) The natural environment will be preserved to a reasonable degree by the water <br />available for the recommended appropriation, and <br />(e) Such natural environment can exist without material injury to water rights. <br />(2) Pursuant to Rule 5£, establish January 24, 2007 as the appropriation date for Pauline <br />Creek and establish July 12, 2007 as the appropriation date for Willow Creek. <br />(3) Request the Attorney General's Office to file the necessary water rights applications. <br />Attachments <br />J <br />