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<br />e <br /> <br />g. Notice. Agenda and ISF Subscription Mailing List notice shall be given pursuant to <br />Rule 5.d and the public shall be afforded an opportunity to comment pursuant to Rule <br />5.e, Notice of the date of final action on uncontested ISF appropriations shall be <br />mailed to persons on the ISF Subscription Mailing List for the relevant water division, <br />maintained pursuant to Rule 4.1. <br /> <br />h. Final Board Action on an ISF Recommendation, The Board may take final action on <br />any uncontested StaffISF recommendation(s) at the May Board meeting or any Board <br />meeting thereafter. If a Notice to Contest has been filed, the Board shall proceed <br />under Rules 5.j - 5.q. <br /> <br />I. Required Findings. Before initiating a water right filing to confirm its appropriation, <br />the Board must make the following determinations: <br /> <br />(I) 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) Material Injurv. That such environment can exist without material injury to e <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.S. (1999), <br /> <br />J. Procedural Rules for Contested ISF RecOlpmendations.. <br /> <br />5.51 8eofl6 and Purpose <br /> <br />(I) Whenever a Staff ISF recommendation is contested, the Board shall hold a <br />hearing at which any Party may present evidence, witnesses and arguments <br />for or against the recommendation and any Contested Hearing Participant or <br />member of the public may comment. The hearing shall be a notice and <br />comment hearing as authorized in S 37-92-102(4)(a), C.R.S. (1999), and shall <br />not be a formal agency 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 /> <br />e <br /> <br />8 <br />