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? <br />. ? <br />Upper Gunnison River Water Conservancy District <br />02CW038 <br />touchstones for determining limits on the amount of water a proper local government entity may <br />claim under SB 216. <br />First, the CWCB and water court are to consider "maxirnum utilization," described as <br />"whether adjudication and administration of the claimed water rights will promote maximum <br />utilization of waters of the state as referenced in paragraph (a) of subsection (1) of C.R.S. § 37-92- <br />102." C.R.S. § 37-92-102(6)(b)(V). As discussed above, the concept of "maximum utilization" <br />includes the concept of "reasonably efficient diversionpractices" and the more expansive concept of <br />"maximizing beneficial use." Indeed, the phrase "maximize the beneficial use of all of the waters of <br />this state" is an obvious part of the plain language of paragraph (a) of subsection (1) of C.R.S. § 37- <br />92-102. By requiring consideration of a factor which includes the concepts of"reasonable efficiency" <br />and "maximizing beneficial use," the plain language of SB 216 shows that limits on the amount to be <br />appropriated for recreational in-channel water rights are determined with respect to "beneficial use" <br />and its attendant notions of "appropriative intent" and "reasonably efficient practices." <br />Second, the definition of "recreational in-channel diversion" is the "minimum stream flow as <br />it is diverted, captured, controlled, and placed to beneficial use between specific points defined by <br />physical control structures pursuant to an application filed by a...[local govermnent] for a <br />reasonable recreationexperience in and onthe water." C.R.S. § 37-92-103(10.3) (emphasis added). <br />The phrase "pursuant to" means "in carrying out, in conformity with, or according to". See Memam- <br />-14-