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3. The General Assembly enacted SB 216 in 2001, effective June 5, 2001, 2001 Sess. <br />Laws, 1187, ch. 305, § 1 and 4. SB 216 was codified as § 37- 92- 102(5) and (6). <br />4. In SB 216, the General Assembly exempted the Golden application from the <br />application of the new law concerning recreational in- channel diversions. The relevant <br />provision states: <br />Nothing in subsection (5) of this section or this sub - section (6) shall apply in any way <br />to any application for a water right or conditional water right for recreational in- <br />channel diversion purposes which was filed prior to January 1, 2001. <br />2001 Sess. Laws, 1187, ch. 305, § 1. <br />5. Golden's application in this- case was filed December 30, 1998 and the case was tried <br />in March and May of 2001. <br />7. SB 216 by law does not apply to Golden's application. The July 2002 hearing finding <br />that is subject of the supplemental authority was entered pursuant to a statute not in existence <br />at the time of the Golden trial in the Water Court. The new statute directs the CWCB to <br />make findings concerning factual matters relating to recreational in- channel diversion cases <br />filed after Janauary 1, 2001. CWCB findings made in the context of SB 216 are irrelevant to <br />any matter in this appeal and should not be considered. <br />Dated this 3rd day of September, 2002. <br />KEN SALAZAR <br />Attorney Goal <br />Federal and Intehate Water Unit <br />Natural Resources and Environment Section <br />Attorneys for State of Colorado <br />*Counsel of Record <br />