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THE BOARD SHALL MAKE FINDINGS OF FACT AND A FINAL RECOMMENDATION <br />AS TO WHETHER THE APPLICATION SHOULD BE GRANTED, GRANTED WITH <br />CONDITIONS, OR DENIED. <br />(b) IN DETERMINING WHETHER THE BOARD SHALL RECOMMEND THAT <br />THE WATER COURT GRANT, GRANT WITH CONDITIONS, OR DENY SUCH <br />APPLICATION, THE BOARD SHALL CONSIDER THE FOLLOWING FACTORS AND <br />MAKE WRITTEN FINDINGS THEREON: <br />(I) WHETHER THE ADJUDICATION AND ADMINISTRATION Of i <br />RECREATIONAL IN- CHANNEL DIVERSION WOULD IMPAIR THE AI lif i`1' O <br />COL ORADO TO FULLY DEVELOP AND PLACE TO CONSUMPTIVE BENEFICIA7: <br />ITS COMPACT ENTITLEMENTS; <br />(II) THE APPROPRIATE REACH OF STREAM REQUIRED' Ebb <br />INTENDED USE; <br />(III) WHETHER THERE IS ACCESS FOR RECREATIONAL IN -C I�At I~ <br />USE; <br />(IV) WHETHER EXERCISE OF TIRE RECREATIbtlAi, Ifi1= CITANNtit <br />DIVERSION WOULD CAUSE MATERIAL INJURY TO' INSTREAM` FLAW WAT <br />RIGHTS APPROPRIATED' PURSUANT TO SUBSECTIONS (3) AND' (4)f ' 60 TI-�I'S'` <br />SECTION; <br />(V) WHETHER ADJUDICATION AND ADMINISTRATION OF THE <br />RECREATIONAL IN- CHANNEL DIVERSION WOULD PROMOTE MAXIMUM <br />UTILIZATION OF WATERS OF THE STATE AS REFERENCED IN PARAGRAPH (a) OF <br />SUBSECTION (1) OF THIS SECTION; AND <br />(VI) SUCH OTHER FACTORS AS MAY BE DETERMINED APPROPRIATE <br />FOR EVALUATION OF RECREATIONAL IN- CHANNEL DIVERSIONS AND SET <br />FORTH IN RULES ADOPTED BY THE BOARD, AFTER PUBLIC NOTICt ANIb <br />COMMENT. <br />(C) WITHIN NINETY DAYS AFTER THE FILING OF STATEMENTS'-Of <br />OPPOSITION, THE BOARD SHALL REPORT ITS FINDINGS TO THE WATER'COUKT` <br />FOR REVIEW PURSUANT TO SECTION 34 -92 -305 (13). THE BOARD MAY <br />DEFEND SUCH FINDINGS THROUGH PARTICIPATION IN THE WATER COURT' <br />PROCEEDINGS. <br />PAGE 2- SENATE BILL 01 -216 <br />