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<br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />(7) "Diversion" or "divert" means removing water from its natural course or location, or controlling water <br />in its natural course or location, by means of a ditch, canal. flume. reservoir, bypass, pipeline, conduit, well. pump. <br />or other structure or device; PROVIDED. HOWEVER, THAT ONLY A COUNTY. CITY. TOWN, HOME RULE <br />CITY. HOME RULE COUNTY, SPECIAL DISTRICT. WATER CONSERVATION DISTRICT. OR WATER <br />CONSERVANCY DISTRICT, MAY CONTROL WATER IN ITS NATURAL COURSE OR LOCATION FOR <br />RECREATIONAL INSTREAM FLOW PURPOSES EXCEPT WHERE A DECREE THEREFORE HAS BEEN <br />ENTERED PRIOR TO <br /> <br />SECTION 4. [ADD ~ 37-92-103(10.3) as follows]. <br /> <br />(10.3) "Recreational instream flow" means the minimum and/or maximum stream flow <br />(deleted or surface water level for lakes and reservoirs) as is diverted and placed to beneficial <br />use pursuant to an application filed by a county, city, town, home rule city, home rule county, <br />special district, water conservation district, or water conservancy district. for the preservation of <br />recreational opportunities. <br /> <br />SECTION 5. [ADD ~ 37-92-305(13) as follows]. <br /> <br />(13) In the case of an application for recreational instream flows as filed by a county, <br />city, town, home rule city, home rule county, special district, water conservation district, or water <br />conservancy district, the decision of the water judge shall be based upon the following: <br /> <br />(a) The adequacy of the Board's administrative record, with specific reference to <br />the Board's consideration of those factors identified in Section 37-92-102(5)(a)(1,2,3,4 and 6), <br />utilizing the criteria of Sections 24-4-106(6) and (7); and <br /> <br />(b) A de novo review of the question of injury to the vested water rights or <br />decreed conditional water rights of others. <br /> <br />J <br />