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<br />(II) THE APPROPRIATE REACH OF STREAM REQUIRED FOR THE INTENDED USE; <br /> <br />(III) WHETHER THERE IS ACCESS FOR RECREATIONAL IN.CHANNEL USE; <br /> <br />(IV) WHETHER EXERCISE OF THE RECREATIONAL IN-CHANNEL DIVERSION WOULD <br />CAUSE MATERIAL INJURY TO INSTREAM FLOW WATER RIGHTS APPROPRIATED PURSUANT <br />TO SUBSECTIONS (3) AND (4) OF THIS SECTION; <br /> <br />(V) WHETHER ADJUDICATION AND ADMINISTRATION OF THE RECREATIONAL IN- <br />CHANNEL DIVERSION WOULD PROMOTE MAXIMUM UTILIZATION OF WATERS OF THE STATE <br />AS REFERENCED IN PARAGRAPH (a) OF SUBSECTION (1) OF THIS SECTION; AND <br /> <br />(VI) SUCH OTHER FACTORS AS MAY BE DETERMINED APPROPRIATE FOR EVALUATION <br />OF RECREATIONAL IN-CHANNEL DIVERSIONS AND SET FORTH IN RULES ADOPTED BY THE <br />BOARD, AFTER PUBLIC NOTICE AND COMMENT, <br /> <br />(c) WITHIN NINETY DAYS AFTER THE FILING OF STATEMENTS OF OPPOSITION, THE <br />BOARD SHALL REPORT ITS FINDINGS TO THE WATER COURT FOR REVIEW PURSUANT TO <br />SECTION 34.92-305 (13). THE BOARD MAY DEFEND SUCH FINDINGS THROUGH PARTICIPATION <br />IN THE WATER COURT PROCEEDINGS, <br /> <br />(d) NOTHING IN SUBSECTION (5) OF THIS SECTION OR THIS SUBSECTION (6) SHALL APPLY <br />IN ANY WAY TO ANY APPLICATION FOR A WATER RIGHT OR CONDITIONAL WATER RIGHT <br />FOR RECREATIONAL IN-CHANNEL DIVERSION PURPOSES THAT WAS FILED PRIOR TO <br />JANUARY 1,2001. <br /> <br />(e) NOTHING IN SUBSECTION (5) OF THIS SECTION OR THIS SUBSECTION (6) SHALL APPLY <br />IN ANY WAY TO ANY WATER RIGHT OR CONDITIONAL WATER RIGHT FOR RECREATIONAL IN- <br />CHANNEL DIVERSION PURPOSES FOR WHICH A DECREE WAS ENTERED PRIOR TO THE <br />EFFECTIVE DATE OF THIS SUBSECTION (6), INCLUDING ANY PROCEEDING CONCERNING <br />DILIGENCE ON SUCH CONDITIONAL WATER RIGHT OR ANY PROCEEDING TO MAKE SUCH <br />CONDITIONAL WATER RIGHT ABSOLUTE. <br /> <br />SECTION 2. 37-92-103 (4) and (7), Colorado Revised Statutes, are amended, and the said 37-92.103 is <br />further amended BY THE ADDITION OF A NEW SUBSECTION, to read: <br /> <br />37-92-103. Definitions. As used in this article, unless the context otherwise requires: <br /> <br />(4) "Beneficial use" is the use of that amount of water that is reasonable and appropriate under reasonably <br />efficient practices to accomplish without waste the purpose for which the appropriation is lawfully made and, <br />without limiting the generality ofthe foregoing, includes the impoundment of water for recreational purposes, <br />including fishery or wildlife, AND ALSO INCLUDES THE DIVERSION OF WATER BY A COUNTY, <br />MUNICIPALITY, CITY AND COUNTY, WATER DISTRICT, WATER AND SANITATION DISTRICT, <br />WATER CONSERVATION DISTRICT, OR WATER CONSERVANCY DISTRICT FOR RECREATIONAL <br />IN-CHANNEL DIVERSION PURPOSES, For the benefit and enjoyment of present and future generations, <br />"beneficial use" shall also include the appropriation by the state of Colorado in the manner prescribed by law of <br />such minimum flows between specific points or levels for and on natural streams and lakes as are required to <br />preserve the natural environment to a reasonable degree, <br /> <br />(7) "Diversion" or "divert" means removing water from its natural course or location, or controlling water <br /> <br />http://www.state.co.us/gov_dir/leg_dir/olls/sI2001/s1.305.HTM <br /> <br />06/05/2002 <br />