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<br />" <br /> <br />(I) Whether the adjudication and administration of the recreational <br />in-channel diversion would MATERIALLY impair the ability of Colorado to <br />fully develop and place to consumptive beneficial use its compact <br />entitlements; <br /> <br />(II) Th.:: applOpJiate lea.::h of st.ealllleqlli.ed fvl the iutwded use, <br /> <br />(III) 'vVhdhel 1l.'::1 e i, aee.::ss fOI I eel catiOual ill.d.altl.d use, <br /> <br />(IV) Whether exercise of the recreational in-channel diversion <br />would cause material injury to instream flow water rights appropriated <br />pursuant to subsections (3) and (4) of this section; AND <br /> <br />(V) Whether adjudication and administration of the recreational <br />in-channel diversion would promote maximum utilization of waters of the <br />state, as .dGlweed in pa. ai;l aph (a) of Subsection (1) uf this sectioh, and <br /> <br />(VI) Sud. (jlbel faetms as h.ay be detc.u.;u.::d applopJiatv for <br />,"valuation of lee.catio.ldl in-chauucl divelsion;, alld set fClltl. in .ulcs <br />adopted by the boald, "ftvi public notke and GOll1we.iL <br /> <br />(c) Within ninety days after the filing of statements of opposition, <br />the board shall report its findings to the water court for review pursuant to <br />section 37-92-305 (13), The board may dcf'Gnd su"h findings tluuugh <br />pill tieipation FULLY PAR T1CIP A TE in the water court proceedings, <br /> <br />SECTION 2. 37-92-103 (7) and (1 0,3), Colorado Revised Statutes, <br />are amended, and the said 37-92-103 is further amended BY THE <br />ADDITION OF THE FOLLOWING NEW SUBSECTIONS, to read: <br /> <br />37-92-103. Definitions. As used in this article, unless the context <br />otherwise requires: <br /> <br />(6.3) "CONTROL STRUCTURE" MEANS A STRUCTURE CONSISTING OF <br />DURABLE MAN. MADE OR NATURAL MA TERIALS THAT HAS BEEN PLACED WITH <br />THE INTENT TO DIVERT, CAPTURE, POSSESS, AND CONTROL WATER IN ITS <br />NATURAL COURSE FOR AN APPROPRIATOR'S INTENDED AND SPECIFIED <br />RECREATIONAL IN-CHANNEL DIVERSION, THE CONTROL STRUCTURE AND ITS <br />EFFICIENCY SHALL BE DESIGNED BY A PROFESSIONAL ENGINEER, AS THAT <br /> <br />PAGE 2-SENATE BILL 06.037 <br />