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Last modified
8/16/2009 2:59:51 PM
Creation date
10/4/2006 6:52:48 AM
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Template:
Board Meetings
Board Meeting Date
3/24/2003
Description
ISF Section - Instream Flow Appropriations
Board Meetings - Doc Type
Memo
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<br /> <br />. <br /> <br />(III) Whether there is access for recreational in-channel use; <br /> <br />(IV) Whether exercise of the recreational in-channel diversion would cause <br />material injury to instream flow water rights appropriated pursuant to <br />subsections (3) and (4) of this section; _ <br /> <br />(V) Whether adjudication and administration of the recreational in-channel <br />diversion would promote maximum utilization of waters of the state as <br />referenced in paragraph (a) of subsection (1) of this section; and <br /> <br />(VI) Such other factors as may be determined appropriate for evaluation of <br />recreational in-channel diversions and set forth in ruies adopted by the <br />board, after public notice and comment. <br /> <br />(c) Within ninety days after the filing of statements of opposition, the board shall report <br />its findings to the water court for review pursuant to section 34-92-305 (13), The <br />board may defend such findings through participation in the water court proceedings, <br /> <br />(d) Nothing in subsection (5) of this section or this subsection (6) shall apply in any way <br />to any application for a water right or conditional water right for recreational in- <br />channel diversion purposes that was filed prior to January 1, 2001, <br /> <br />(e) Nothing in subsection (5) of this section or this subsection (6) shall apply in any way <br />to any water right or conditional water right for recreational in,channel diversion <br />purposes for which a decree was entered prior to the effective date of this subsection <br />(6), including any proceeding concerning diligence on such conditional water right or <br />any proceeding to make such conditional water right absolute, <br /> <br />. <br /> <br />. <br />
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