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1 or that were acquired by condemnation. The board may use any funds 2 available to it, other than the construction fund created in section 3 3 7-60-121, for acquisition of water rights and their conversion to instream 4 flow rights. The board may initiate such applications as it determines are 5 necessary or desirable for utilizing water, water rights, or interests in 6 water appropriated, acquired, or held by the board, including applications 7 for changes of water rights, exchanges, or augmentation plans. Prior to 8 the initiation of any such appropriation or acquisition, the board shall 9 request recommendations from the division of wildlife and the division 10 of parks and outdoor recreation. The board also shall request 11 recommendations from the United States department of agriculture and 12 the United States department of the interior. Nothing in this article shall 13 be construed as authorizing any state agency to acquire water by eminent 14 domain or to deprive the people of the state of Colorado of the beneficial 15 use of those waters available by law and interstate compact. Nothing in 16 this subsection (3) shall impact section 37-60-121 (2.5). Any 17 appropriation made pursuant to this subsection (3) shall be subject to the 18 following principles and limitations: 19 (4) Any appropriation made pursuant to subsection (3) of this 20 section shall also be subject to the following principles and limitations: 21 (c) The board's determinations regarding the matters to be 22 determined by the board under paragraph (c) of subsection (3) of this 23 section and paragraph (d) of this subsection (4) for new appropriations 24 shall be subject to judicial review in the water court application and 25 decree proceedings initiated by the board, based on the board's 26 administrative record and utilizing the criteria of section 24-4-106 (6) and 27 (7), C.R.S. The board may file applications for changes of water rights -5- 1:180