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<br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br /> <br />senior priorities, the division engineer shall be governed by the following: <br />The materiality of injury depends on all factors which THAT will <br />determine in each case the amount of water such discontinuance will make <br />available to such senior priorities at the time and place of their need. Such <br />factors include the current and prospective volumes of water in and <br />tributary to the stream from which the diversion is being made; distance <br />and type of stream bed between the diversion points; the various velocities <br />of this water, both surface and underground; the probable duration of the <br />available flow; and the predictable return flow to the affected stream. <br />Each diversion shall be evaluated and administered on the basis of the <br />circumstances relating to it and in accordance with provisions of this <br />article, ARTICLE 80.5 OF THIS TITLE, and the court decrees adjudicating and <br />confirming water rights. In the event that a discontinuance has been <br />ordered pursuant to the provisions of this paragraph (a), and nevertheless <br />such discontinuance does not cause water to become available to such <br />senior priorities at the time and place of their need, then such <br />discontinuance order shall be rescinded. If a well has been approved as <br />an alternate means of diversion for a water right for which a surface <br />means of diversion is decreed, such well and such surface means must be <br />utilized to the extent feasible and permissible under this article to satisfy <br />said water right before diversions under junior water rights are ordered <br />discontinued. In addition to any other methods of giving notice, the <br />posting of a written order, in plain sight, at the place of diversion shall be <br />considered sufficient notice of the order of the division engineer; and, <br />when so posted, such order shall be effective from the time of posting. <br />SECTION 9. Title 37, Colorado Revised Statutes, is amended BY <br />THE ADDITION OF A NEW ARTICLE to read: <br /> <br />-15- <br /> <br />SBOI-161 <br />