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578 Colo. 594 PACIFIC REPORTER, 2d SERIES entail diversions. This question has been answered above in part I. Dale Robert STRICKLAND, Petitioner, i The parties' stipulation establishes that the Colorado Water Board did request rec- ommendations from DOW and DPOR. The fact that DPOR adopted the recommenda- tions of DOW without making an indepen- dent study does not show that the Colorado Water Board did not make the requests required by Senate Bill 97. Thus, the Dis- tricts' second allegation is also without mer- it. The third allegation has been considered in part II above. The final allegation also related to a mat- ter already discussed in part III. As noted, the Colorado Water Board determined that appropriation of the minimum flows neces- sary to preserve certain fish species also would suffice to maintain the rest of the natural environment. This determination was based on the Colorado Water Board's considerations, including review of DOW's reports and DPOR's comments. The Dis- tricts have not shown that the Colorado Water, Board's conclusion was at all un- founded or arbitrary. We conclude that the Colorado Water Board did abide by the terms of its delegat- ed authority in establishing the quantity of water necessary to accomplish the purposes of Senate Bill 97. Judgment affirmed. LEE and CARRIGAN, JJ., do not partici- pate. w 0 5 REY NUMBER SYSTEM T V . The PEOPLE of the State of Colorado, Respondent. No. C -1467. Supreme Court of Colorado, En Banc. May 7, 1979. Defendant appealed from an order of the District Court, El Paso County,'William M. Calvert, J., revoking probation because of defendant's failure to comply with condi- tion requiring restitution. The Court of Appeals, Ruland, J., 575 P.2d 436, reversed and remanded with directions, and certiora- ri was granted. The Supreme Court, Prin- gle, J., held that district court's order revok- ing probation due to defendant's failure to meet restitution condition of probation was properly reversed due to district court's failure to make findings as to defendant's present ability to pay; cause would he re- manded to permit district court to make such findings. Affirmed. 1. Criminal Law X982.9(1) For purposes of requirement that, be- fore probation may be revoked based upon a finding that probationer did not pay mon- eys due under condition of probation, proba- tioner must have the present ability to pay, the ability to pay is measured by three factors: that job for which probationer is qualified is available; that job would pro- duce an income adequate to meet his obliga- tions; and that probationer unjustifiably refuses to take it. 2. Criminal Law c-982.9(1) Before revocation of probation for fail- ure to make ordered restitution payments can be effected, trial court must find that defendant had the ability to pay at the time the payments should have been made.