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1 EFFECTIVE DATE OF SECTION 37 -92 -102 (5). <br />2 (10.3) "RECREATIONAL IN- CHANNEL DIVERSION" MEANS THE <br />3 MINIMUM STREAM FLOW AS IT IS DIVERTED, CAPTURED, CONTROLLED, AND <br />4 PLACED TO BENEFICIAL USE PURSUANT TO AN APPLICATION FILED BY A <br />5 COUNTY, MUNICIPALITY, CITY AND COUNTY, WATER DISTRICT, WATER AND <br />6 SANITATION DISTRICT, WATER CONSERVATION DISTRICT, OR WATER <br />7 CONSERVANCY DISTRICT FOR RECREATION IN AND ON THE WATER. <br />8 SECTION 3. 37 -92 -305, Colorado Revised Statutes, is amended <br />9 BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS to <br />10 read: <br />11 37 -92 -305. Standards with respect to rulings of the referee and <br />12 decisions of the water judge. (13) IN THE CASE OF AN APPLICATION FOR <br />13 RECREATIONAL IN- CHANNEL DIVERSIONS FILED BY A COUNTY, <br />14 MUNICIPALITY, CITY AND COUNTY, WATER DISTRICT, WATER AND <br />15 SANITATION DISTRICT, WATER CONSERVATION DISTRICT, OR WATER <br />16 CONSERVANCY DISTRICT ON OR AFTER DECEMBER 1, 2000, THE DECISION <br />17 OF THE WATER JUDGE SHALL BE BASED UPON THE FOLLOWING: <br />18 (a) THE COLORADO WATER CONSERVATION BOARD'S FINAL <br />19 RECOMMENDATION, WHICH SHALL BE SUBJECT TO REVIEW ON THE <br />20 ADMINISTRATIVE RECORD BY THE WATER JUDGE UTILIZING THE CRITERIA <br />21 OF SECTION 24 -4 -106 (6) AND (7), C.R.S.; AND <br />22 (b) A DE NOVO REVIEW OF THE QUESTION OF INJURY TO THE <br />23 VESTED WATER RIGHTS OR DECREED CONDITIONAL WATER RIGHTS OF <br />24 OTHERS. <br />25 (14) NO DECREE SHALL BE ENTERED ADJUDICATING A CHANGE OF <br />26 CONDITIONAL WATERRIGHTS TO A RECREATIONALIN-CHANNEL DIVERSION. <br />27 (15) WATER RIGHTS FOR RECREATIONAL IN- CHANNELDIVERSIONS, <br />-6- SBO 1 -216 <br />