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The Board may take final action on any uncontested ISF appropriation(s) at the May Board meeting or <br />any Board meeting thereafter. If a Notice to Contest has been filed, the Board shall proceed under Rules <br />5j. - 5q. <br />5i. Required Findings. <br />Before initiating a water right filing to confirm its appropriation, the Board must make the following <br />determinations: <br />(1 } Natural Environment. <br />That there is a natural environment that can be preserved to a reasonable degree with the Board's water <br />right if granted. <br />(2} Water Availability. <br />That the natural environment will be preserved to a reasonable degree by the water available for the <br />appropriation to be made. <br />(3) Materiallnjury. <br />That such ~nviro~ment can exist ~rithout material injury to :eater rights. <br />These determinations shall be subject to judicial review in the water court application and decree <br />proceedir s initiated by the Board. based on the Board's administrative record and utilizing the criteria of <br />§~24-4- ~ 5h~ ~~ ~ and ! %'i. C.R.S. <br />5j. Procedural Rules for Contested ISF Appropriations. <br />1 ~ ' !h~never an iSF a ro riation is contested, the Board shall hold a hearin at vrhich an~ Party <br />(~ ' pp- P 9 y <br />may present evidence. ~~vitnesses and arguments for or against the appropriation and any <br />Contested Hearing Participant or mzmber of the public may comment. The hearing shall be a <br />notice and comment hearing as authorized in §37-92-102(4)(a). C.R_S., and shall not be a formal <br />agency adjudication under §24-4-105. C.R.S. <br />(2 These rules are intended to assure that information is received by the Board in a timely manner. <br />Where these rules do not address a procedure or issue, the Board shall determine the <br />procedures to be followed on a case-by-case basis. The Board may waive the requirements of <br />these rules whenever the Board determines that strict adherence to the rules is not in the best <br />interests of fairness; unless such waiver would violate applicable statutes. For any such waiver, <br />the Board shall provide appropriate justification, in writing, to Persons who have Party or <br />Contested Hearing Participant status. <br />(3j In a hearing on a contested ISF appropriation, a Party may raise only those issues relevant to the <br />statutory determinations required by §37-92-102(3)(c), C.R_S_ and the required findings in Rule <br />5i. <br />5k. Notice to Contest. <br />(1 } To contest an ISF appropriation, a Person must comply with the provisions of this section. The <br />Board must receive a Notice to Contest the ISF appropriation by March 31 ~, or the first business <br />day thereafter. <br />(2} A Notice to Contest an ISF appropriation shall be made in writing and contain the following <br />information: <br />