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<br />C. Board's appropriations are subject to present uses <br />or exchanges whether previously decreed or not. <br />D. Board must determine - <br />1. That a natural environment exists <br />2. That water is available to preserve the natural <br />environment <br />3. That the environment can exist without material <br />injury to water rights <br />E. No condemnation for access allowed <br />V. Senate Bill 91 - Provides expanded direction for the <br />Board relative to acquired rights for instream flow <br />purposes <br />A. Passed into law in 1986 <br />B. Board may acquire by - Grant, Purchase, Bequest, <br />Devise, Lease, Exchange, or Contractual Agreement <br />C. Board may acquire from or with - any person, <br />including any governmental entity <br />D. Board may acquire - such water, water rights, or <br />interests in water as ..."may be necessary to <br />preserve the natural environment to reasonable degree" <br />E. The Board may initiate - <br />1. Applications for change of Water Rights <br />2. Applications for plans of augmentation <br />3. Other applications as needed to utilize acquired <br />water <br />F. Board shall request recommendation from - USDA and USDI <br />G. Recommendations to be made with specificity and in <br />writing <br />VI. Senate Bill 212 - Affirmation of Board's exclusive ~~~~ ~,y,~1 <br />authority t• aprr~rriate instream flew water rights <br />A. Board is the only person or entity authorized by <br />state law to appropriate or acquire water for <br />minimum stream flows. <br />-3- <br />