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the application, but that the court specifically take into account the criteria set forth in <br />section 37- 92- 102(5)(b), including as may be subsequently supplemented by the <br />CWCB through rulemaking. <br />Finally, nothing in S.B. 216 is intended to create a water right which did not previously <br />exist by virtue of state Supreme Court interpretation of Colorado statue or to affect any <br />pending challenges to applications for rights of this nature to the extent such challenges <br />are found to be meritorious under existing law. Further, nothing herein is intended to <br />modify the rights of owners of real property, including the beds and banks of streams, as <br />such may now exist. <br />It is the intention of the CWCB that its review of applications for RICDs be a <br />cooperative and collaborative effort between the CWCB and an applicant. The CWCB <br />encourages applicants to initiate working with the CWCB before a formal application is <br />filed so that any concerns of the CWCB can be discussed and worked out, if possible, <br />before the S.B. 216 timelines begin. <br />r1 <br />U <br />• <br />