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<br />, <br /> <br />6.03 Stackinl! Evaluation. Prior to the acquisition of any water right, the Board <br />shall evaluate whether to combine or stack the acquired water right with any other ISF . <br />appropriation or acquisition in order to achieve the flow necessary to preserve the natural <br />environment to a reasonable degree. <br /> <br />(a) Acquired water rights shall not be combined or stacked with other <br />ISF appropriations or acquisitions in such a manner so as to cause the total instream flow or <br />natural lake level or volume to exceed the minimum flow or lake level or volume necessary to <br />preserve the natural environment to a reasonable degree. <br /> <br />(b) If the Board elects to combine or stack the acquired water right, the <br />details of how the water rights are to be combined with other existing ISF appropriations or <br />acquisitions must be set forth in the change application for the acquired right. <br /> <br />6.04 Enforcement of Acquisition Al!reement. Pursuant to S 37-92-102(3), C.R.S. <br />(1990), any contract or agreement executed between the Board and any person which provides <br />water, water rights, or interests in water to the Board shall be enforceable by either party thereto <br />as a water matter in the water court having jUrisdiction over the water right according to the <br />terms of the contract or agreement. <br /> <br />6.05 Conditional Water Ril!hts. If the Board acquires conditional water rights, <br />the Board shall follow the provisions of Sections 6.00-6.30 and 7.00-7.~1~. <br /> <br />6.10 Public Review Process. The Board shall follow the public review process in tit <br />Sections 12.00-12.03 prior to acquiring any water, water rights or interests in water. <br /> <br />6.20 Board Action to Acquire Water. Water Ril!hts or Interests in Water. The Board <br />shall consider the acquisition during any regulllt or special meeting of the Board. At the public <br />meeting the Board shall consider all presentations of Staff, other public agencies and aU public <br />comments. After such consideration, the Board may acquire, acquire with limitations or reject <br />the proposed acquisition. In the event the Board acquires water, water rights or interests in water. <br />the Board may on a case-by-case basis make the following determinations: <br /> <br />6.21 Natural Environment. That there is a natural environment that can be <br />preserved in whole or in part by the acquisition to be made. <br /> <br />6.22 Material Iniurv. That the acquisition can occur without material injury to <br /> <br />water rights. <br /> <br />6.30 Water Court Proceedinl!. In the event that the water, water rights or interests in <br />water acquired by the Board are not decreed for ISF uses to preserve the natural environment to <br />a ~easonable degree, the Board may authorize the Attorney General to file a water court <br />application to change the decreed type of use and place of use of the water, water rights or <br />intereSts in water acquired by the Board. The Board may pursue joint applications to change a <br /> <br />-4- <br /> <br />. <br />