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<br />IF THE EFFECT ON THE RECREATIONAL IN-CHANNEL DIVERSION CAUSED BY <br />SUCH APPROPRIATIONS OR CHANGES DOES NOT EXCEED ONE-TENTH OF ONE <br />PERCENT OF THE LOWEST DECREED RATE OF FLOW FOR THE RECREATIONAL <br />IN-CHANNEL DIVERSION AS MEASURED AT THE RECREATIONAL IN-CHANNEL <br />DIVERSION AND THE CUMULATIVE EFFECTS ON THE RECREATIONAL <br />IN-CHANNEL DIVERSION CAUSED BY SUCH APPROPRIA nONS OR CHANGES DO <br />NOT EXCEED TWO PERCENT OFTHE LOWEST DECREED RATE OF FLOW FOR THE <br />RECREATIONAL IN.CHANNEL DIVERSION MEASURED AT THE RECREATIONAL <br />IN.CHANNEL DIVERSION, THE OWNER OF A WATER RIGHT FOR A <br />RECREATIONAL IN-CHANNEL DIVERSION MAY NOT CALL FOR WATER THAT <br />HAS BEEN LA WFULL Y STORED BY ANOTHER APPROPRIATOR, <br /> <br />SECTION 3. 37-92-305 (13), Colorado Revised Statutes, IS <br />amended to read: <br /> <br />37-92-305. Standards with respect to rulings ofthe referee and <br />decisions of the water judge. (13) (a) The water court shall apply 1llG <br />faGtOIS sd f0111l ill SGGtivl1 37-92-102 (6), All CONSIDER THE findings of <br />fact wlllaiuGd in th" lCCOlll111Glldatioll of MADE BY the Colorado water <br />conservation board PURSUANT TO SECTION 37 -92-102 ( 6) (b) REGARDING A <br />RECREATIONAL IN-CHANNEL DIVERSION, WHICH FINDINGS shall be <br />presumptive as to such facts, subject to rebuttal by any party, IN ADDITION, <br />THE WATER COURT SHALL CONSIDER EVIDENCE AND MAKE AFFIRMATIVE <br />FINDINGS THAT THE RECREATIONAL IN.CHANNEL DIVERSION WILL: <br /> <br />(I) NOT MATERIALLY IMPAIR THE ABILITY OF COLORADO TO FULLY <br />DEVELOP AND PLACE TO CONSUMPTIVE BENEFICIAL USE ITS COMPACT <br />ENTITLEMENTS; <br /> <br />(II) PROMOTE MAXIMUM UTILIZATION OF WATERS OF THE ST ATE; <br /> <br />(III) INCLUDE ONLY THAT REACH OF STREAM THAT IS APPROPRIATE <br />FOR THE INTENDED USE; <br /> <br />(IV) BE ACCESSIBLE TO THE PUBLIC FOR THE RECREATIONAL <br />IN.CHANNEL USE PROPOSED; AND <br /> <br />(V) NOT CAUSE MATERIAL INJURY TO INSTREAM FLOW WATER <br />RIGHTS APPROPRIATED PURSUANT TO SECTION 37-92-102 (3) AND (4), <br /> <br />PAGE 4.SENATE BILL 06-037 <br />