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RELEVANT INSTREAM FLOW RULES For the stream listed in the attached list of instream flow recommendations, the staff recommends that the Board proceed as provided in Instream Flow Rules 5f., 5h. and 5i.: Sf. Date of Appropriation. The Board may select an appropriation date that may be no earlier than the date the Board declares its intent to appropriate. The Board may declare its intent to appropriate when it concludes that it has received sufficient information that reasonably supports the findings required in Rule 5i. 5h. Final Board Action on an ISF Recommendation. The Board may take final action on any . uncontested Staff Recommendation(s) at the May Board meeting or any Board meeting thereafter. If a Notice to Contest has been filed, the Board shall proceed under Rule 5j-5q. 5i. Reauired Findings. Before initiating a water right filing to confirm its appropriation, the Board must make the following determinations: (1) Natural Environment. That there is a natural environment that can be preserved to a reasonable degree with the Board's water right if granted. (2) Water Availabilitv. That the natural environment will be preserved to a reasonable degree by the water available for the appropriation to be made. (3) Materiallniury. That such environment can exist without material injury to water rights. These determinations shall be subiect to iudicial review in the water court application and decree proceedings initiated bv the Board. based on the Board's administrative record and utilizing the criteria of ~ 24-4-106(6) and (7). C.R.S. (1999). Staff Recommendation Staff requests the Board to ratify the proposed stipulations and take final action on the instream flow appropriation on Horsefly Creek. For the stream segment listed on the attached Instream Flow Recommendation Tabulations, the staff recommends that the Board: . (1) Ratify the proposed stipulation between the CWCB and the Eldred Colorado Family Limited Partnership,