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<br />SECTION 3. [Modify ~ 37-92-103(7) as follows].
<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, reserYoir~ 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, city,
<br />town, home rule city, home rule county, special district, water conservation district, or water
<br />conservancy distric the decision of the water judge shall be hased upon the following:
<br />
<br />(a) he adequacy of the Board's administrative record, with specific reference to
<br />the Board's con deration of those factors identified in Section 37-92-102(5)(a)(1,2,3,4 and 6),
<br />utilizing the cri ria of Sections 24-4-106(6) and (7); and
<br />
<br />(h) A de novo review of the question of injury to the vested water rights or
<br />decreed condo ional water rights of others.
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