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<br />e <br /> <br />e <br /> <br />e <br /> <br />h. Final Board Action on an ISF Reeommendation Appropriation. The Board may take <br />final action on any uncontested &aff.ISF reeemmeRdationappropriation(s) at the <br />May Board meeting or any Board meeting thereafter. If a Notice to Contest has been <br />filed, the Board shall proceed under Rules 5.j. - 5.q. <br /> <br />1. Required Findings. Before initiating a water right filing to confirm its appropriation, <br />the Board must make the following determinations: <br /> <br />(1) Natural Environment. That there is a natural environment that can be <br />preserved to a reasonable degree with the Board's water right if granted, <br /> <br />(2) Water Availabilitv, That the natural environment will be preserved to a <br />reasonable degree by the water available for the appropriation to be made, <br /> <br />(3) Materiallniurv. That such environment can exist without material injury to <br />water rights, <br /> <br />These determinations shall be subject to judicial review in the water court application <br />and decree proceedings initiated by the Board, based on the Board's administrative <br />record and utilizing the criteria of~S 24-4-106(6) and (7), C.R.8. (1999), <br /> <br />J. Procedural Rules for Contested ISF ReeommeneationsAppropriations. <br /> <br />5.51 8eoae aml PBillOSO <br /> <br />(1) Whenever an-Staff ISF appropriation recommendatien is contested, the <br />Board shall hold a hearing at which any Party may present evidence, <br />witnesses and arguments for or against the reeeffilll.el3.Gation appropriation <br />and any Contested Hearing Participant or member of the public may <br />comment. The hearing shall be a notice and comment hearing as authorized <br />in S 37-92-102(4)(a), C.RS. (1999), and shall not be a formal agency <br />adjudication under S 24-4-105, C.R.S, (1999), <br /> <br />(2) These rules are intended to assure that information is received by the Board in <br />a timely manner. Where these rules do not address a procedure or issue, the <br />Board shall determine the procedures to be followed on a case-by-case basis. <br />The Board may waive the requirements of these rules whenever the Board <br />determines that strict adherence to the rules is not in the best interests of <br />fairness, unless such waiver would violate applicable statutes. For any such <br /> <br />9 <br />