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appropriations for that water division must contact the Board Office to request inclusion on the <br />ISF Subscription Mailing List. <br />5.23 Date of Appropriation The Board may select an appropriation date that may be no earlier than <br />the date the Board declares its intent to appropriate. The Board may declare its intent to <br />appropriate when it concludes that it has received sufficient information that reasonably supports <br />the findings required in Rule 5.40. <br />5.24. Notice Agenda and ISF Subscription Mailing List notice shall be given pursuant to Rule 5.21 <br />and the public shall be afforded an opportunity to comment pursuant to Rule 5.22. Notice of <br />the date of final action on uncontested ISF appropriations shall be mailed to persons on the ISF <br />Subscription Mailing List for the relevant water division, maintained pursuant to Rule 4.10(b). <br />5.30 Final Board Action on an ISF Recommendation The Board may take final action on any <br />uncontested Staff ISF recommendation(s) at the May Board meeting or any Board meeting <br />thereafter. If a Notice to Contest has been filed, the Board shall proceed under Rule 5.50. <br />5.40 Required Findings Before initiating a water right filing to confirm its appropriation, the Board <br />must make the following determinations: <br />5.40(A) Natural Environment That there is a natural environment that can be preserved to a <br />reasonable degree with the Board's water right if granted. <br />5.40(B) Water Availability That the natural environment will be preserved to a reasonable <br />degree by the water available for the appropriation to be made. <br />5.40(C) Material Injury That such environment can exist without material injury to water rights. <br />These determinations shall be subject to judicial review in the water court application and decree <br />proceedings initiated by the Board, based on the Board's administrative record and utilizing the criteria <br />of § 24 -4- 106(6) and (7), C.R.S. (1999). <br />5.50 Procedural Rules for Contested ISF Recommendations <br />5.51 Scope and Purpose <br />5.51(A) Whenever a Staff ISF recommendation is contested, the Board shall hold a hearing at <br />which any Party may present evidence, witnesses and arguments for or against the <br />FA <br />