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<br />LABOR DAY OF EACH YEAR UNLESS THE APPLICANT CAN DEMONSTRATE <br />2 THAT THERE Will BE DEMAND FOR THE REASONABLE RECREATION <br />3 EXPERIENCE IN ADDITIONAL HOURS OR MONTHS. THERE SHAll BE A <br />4 PRESUMPTION THAT THERE Will NOT BE MATERIAL INJURY TO A <br />5 RECREA TIONAlIN-CHANNEl DIVERSION WATER RIGHT FROM SUBSEQUENT <br />6 APPROPRIATIONS OR CHANGES OF WATER RIGHTS IF THE EFFECT ON THE <br />7 RECREATIONAL IN-CHANNEL DIVERSION CAUSED BY SUCH APPROPRIATIONS <br />8 OR CHANGES DOES NOT EXCEED ONE-HALF OF ONE PERCENT OF THE <br />9 lOWEST DECREED RATE OF FLOW FOR THE RECREATIONAL IN-CHANNEL <br />10 DIVERSION. <br />11 SECTION' 37-92-305 (13), Colorado Revised Statutes, is <br />.. ..12 amend.e.djQread: ______m . _________n <br />13 37-92-305. Standards with respect to rulings ofthe referee and <br />14 declsloDs ofthe water Judge. (13) (a) The water court shall "....I) tin, <br />15 fa"Ic,.. &'1 fu.th;u ."Gti,::,n 31.92-162 (6). All CONSIDER THE findings of <br />16 fact ",uula~u~a ~u tht;;i 1~"'UU,llUt;;iud&l~uu uf MADE BY the Colorado water <br />17 conservation board PURSUANT TO SECTION 37 -92-102 (6) (b) REGARDING <br />18 A RECREATIONAL IN-CHANNEL DIVERSION, WHICH FINDINGS shall be <br />19 presumptive as to such facts, subject to rebuttal by any party. IN <br />20 ADDITION, THE WATER COURT SHALL CONSIDER EVIDENCE AND MAKE <br />21 AFFIRMATIVE FINDINGS THAT THE RECREATIONAL IN-CHANNEL DIVERSION <br />22 WILL: <br />23 (I) NOT MATERIALLY IMPAIR THE ABILITY OF COLORADO TO FULLY <br />24 DEVELOP AND PLACE TO CONSUMPTIVE BENEFICIAL USE ITS COMPACT <br />25 ENTITLEMENTS; <br />26 (11) PROMOTE MAXIMUM UTILIZATION OF WATERS OF THE STATE; <br />27 (III) INCLUDE ONL Y THAT REACH OF STREAM THAT IS APPROPRIATE <br /> <br />-5- <br /> <br />DRAFT <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br />