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■ y <br /> (3)- Whether the municipality can put the water to beneficial use given the land- owners <br /> abutting the reach of stream. (Is the stream reach on Federal lands ?) <br /> (4)- Whether the application would cause material injury to other instream resources or values. <br /> (Would the structures harm the natural environment that is protected under an existing CWCB <br /> instream water right ?) <br /> (5)- Whether the application would promote maximum utilization. (Is the flow amount too <br /> large. Would the flow amount virtually prevent all future upstream water development ?) <br /> (6)- Whether there are other factors the CWCB should consider regarding these types of <br /> applications. <br /> 5(c) -The CWCB must report its findings to the water court and may defend its record in court. <br /> 5(d)- Grandfathers existing conditional and absolute recreational water rights. <br /> 5(e)- Grandfathers in conditionally decreed water rights (such as the Fort Collins water rights) <br /> 5(f)- Nothing in the bill applies to a water rights for which the claimed flow rate is 50 cfs or less. <br /> 5(g) -This subsection is repealed on July 1, 2003. <br /> SECTION 20 (DEFINITIONS) <br /> (4)- Conforms the definition of beneficial use to provide that only local governments may apply for <br /> this type of right. <br /> (7)- Conforms the definition of "diversion" to provide that only local governments may apply for this <br /> type of right and makes the bill applicable to water rights filed on after Dec. 1, 2000. <br /> (10.3) -Adds a definition for "recreational in- channel diversion." <br /> SECTION 30 (STANDARDS WITH RESPECT TO RULINGS OF THE REFEREE AND <br /> DECISIONS OF THE WATER JUDGE) <br /> (13) -The level of judicial review a water court must apply in these types of applications. <br /> (a) - Administrative Procedures Act review for most of the CWCB findings. <br /> (b) - De novo review on the question of injury to the water rights of others. <br /> (c) - Prohibits the use of conditional water rights. <br /> (d) - Provides that recreational in- channel diversions, when held by a municipality, shall not <br /> constitute a domestic right for purposes of Article XVI, Section 6 of the Colorado Constitution (and <br /> therefore, be able to condemn other water rights). . <br /> (14) - Local governmental entities who filed for in- channel diversions must follow the new <br /> procedures. <br /> SECTION 50 (SAFETY CLAUSE) <br />