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3. The law bestows upon the CWCB the obligation to review applications for <br />recreational in- channel diversions and to submit its recommendations thereon to the <br />water court prior to the entry of any decree therefor. It provides statutory criteria for <br />the CWCB to follow in fulfilling such responsibility. It requires that the water court <br />not only consider the recommendations of the CWCB relative to the grant or denial of <br />the application, but that the court specifically take into account the criteria set forth in <br />section 37- 92- 102(5)(b), including subsequent supplementation by the CWCB <br />through rulemaking. <br />It is the intention of the CWCB that its review of applications for RICDs be a cooperative <br />and collaborative effort between the CWCB and an applicant. The CWCB encourages <br />applicants to initiate working with the CWCB before a formal application is filed so that <br />any concerns of the CWCB can be discussed and worked out, if possible, before the S.B. <br />216 timelines begin. <br />Nothing herein is intended to affect any pending challenges to applications for rights of <br />this nature to the extent such challenges are found to be meritorious under existing law. <br />Further, nothing herein is intended to modify the rights of owners of real property, <br />including the beds and banks of streams. <br />Finally, as stated in section 37- 92- 305(13), C.R.S. (2001), the water court shall apply the <br />factors set forth in section 37 -92- 102(6) and make its own determination regarding the <br />issuance of a decree for a RICD. All findings of fact contained in the CWCB's <br />recommendation shall be presumptive as to such facts, subject to rebuttal by any party. <br />The CWCB does not intend hearings regarding RICDs to be quasi - adjudicatory hearings <br />subject to section 24 -4 -105, C.R.S. (2001). As stated in section 37 -92- 305(13), C.R.S. <br />(2001), the water court shall apply the factors set forth in section 37- 92- 102(6) and make <br />its own determination regarding the issuance of a decree for a RICD. All findings of fact <br />contained in the CWCB's recommendation shall be presumptive as to such facts, subject <br />to rebuttal by any party. <br />