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1 37 -92 -102. Legislative declaration - basic tenets of Colorado <br />2 water law. (5) (a) BEFORE INITIATING A WATER RIGHTS FILING FOR THE <br />3 ADJUDICATION OF A RECREATIONAL IN- CHANNEL DIVERSION, ANY COUNTY, <br />4 MUNICIPALITY, CITY AND COUNTY, WATER DISTRICT, WATER AND <br />5 SANITATION DISTRICT, WATER CONSERVATION DISTRICT, OR WATER <br />6 CONSERVANCY DISTRICT SHALL: <br />7 (I) SUBMIT A COPY OF THE WATER RIGHTS APPLICATION TO THE <br />8 BOARD FOR REVIEW; AND <br />9 (II) OBTAIN FROM THE BOARD, FOLLOWING A PUBLIC HEARING, <br />10 UPON SUCH APPLICATION, A FINAL RECOMMENDATION AS TO WHETHER THE <br />11 APPLICATION SHOULD BE GRANTED, GRANTED WITH CONDITIONS, OR <br />12 DENIED. <br />13 (b) IN DETERMINING WHETHER THE BOARD SHALL RECOMMEND <br />14 THAT THE WATER COURT GRANT, GRANT WITH CONDITIONS, OR DENY SUCH <br />15 APPLICATION, THE BOARD SHALL CONSIDER THE FOLLOWING FACTORS AND <br />16 MAKE WRITTEN FINDINGS THEREON: <br />17 (I) WHETHER THE ADJUDICATION AND ADMINISTRATION OF THE <br />18 RECREATIONAL IN- CHANNEL DIVERSION WOULD IMPAIR THE ABILITY OF <br />19 COLORADO TO FULLY DEVELOP AND PLACE TO CONSUMPTIVE BENEFICIAL <br />20 USE ITS COMPACT ENTITLEMENTS; <br />21 (II) THE APPROPRIATE REACH OF STREAM REQUIRED FOR THE <br />22 INTENDED USE; <br />23 (III) WHETHER THE RECREATIONAL IN- CHANNEL DIVERSION CAN <br />24 BE PLACED TO BENEFICIAL USE IN VIEW OF THE OWNERSHIP OF LANDS <br />25 ABUTTING THE REACH FOR WHICH THE WATER RIGHT IS SOUGHT; <br />26 (IV) WHETHER EXERCISE OF THE RECREATIONAL IN- CHANNEL <br />27 DIVERSION WOULD CAUSE MATERIAL INJURY TO OTHER INSTREAM <br />-3- SBO 1 -216 <br />