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<br />SANITATION DISTRICT, WATER CONSERVATION DISTRICT, OR WATER <br />CONSERVANCY DISTRICT MAY CONTROL WATER IN ITS NATURAL COURSE OR <br />LOCATION FOR RECREATIONAL IN-CHANNEL DIVERSIONS. THIS DOES NOT <br />APPLY TO APPLICATIONS FILED PRIOR 'to JANUARY 1, 2001. <br /> <br />. <br /> <br /> <br />(10.3) "RECREATIONAL IN-CH~EL DIVERSION" MEANS THE <br />MINIMUM STREAM FLOW AS IT IS DIVERTED, CAPTURED, CONTROLLED, AND <br />PLACED TO BENEFICIAL USE BETWEEN SPEciFIC POINTS DEFINED BY PHYSICAL <br />CONTROL STRUCTURES PURSUANT TO AN APPLICATION FILED BY A COUNTY, <br />MUNICIPALITY, CITY AND COUNTY, WATER DISTRICT, WATER AND <br />SANITA'tION'DISTRICT, WATER CONSERVATION DISTRICT, OR WATER <br />CONSERVANCY DISTRICT FOR A REASONABLE RECREATION EXPERIENCE IN <br />AND ON THE WATER. <br /> <br />SECTION 3. 37-92-305, COlorado Revised Statutes, is amended <br />BY THE ADDITION OF THE FOLLOWING NEW SUBSECTIONS .to <br />read: <br /> <br />37-92-305. Standards with I:'espect to rulings of the referee and <br />decisions of the water judge. (13) THE WATER COURT SHALL APPLY THE <br />FACTO!tS SET FORTH IN SECTION 37-92-102 (6). ALL FINDINGS OF FACT <br />CONTAlNED IN THE RECOMMENDATIO"\,! OF THE COLORADO WATER <br />CONSEk,V ATION BOARD SHALL BE PREsuMPTIVE AS TO SUCH FACTS, SUBJECT <br />TOREBU'ITALBY ANY PARTY. <br /> <br />. <br /> <br />(14) NO DECREE SHALL BE ENTERED ADJUDICATING A CHANGE OF <br />CONDI110NAL WATER RIGHTS TO A RECREATIONAL IN-CHANNEL DIVERSION. <br /> <br />(15) WATER RIGHTS FOR REC:RE4TIONALIN-CHANNEL DIVERSIONS, <br />WHEN HELD BY A MUNICIPALITY OR OTH$RS, SHALL NOT CONSTITUTE A USE <br />OF W A'tER FOR DOMESTIC PURPOSES AS D!,SCRIBED IN SECTION 6 OF ARTICLE <br />XVI OF THE STATE CONSTITUTION. <br /> <br />(16) IN THE CASE OF AN APPLICATION FOR RECREATIONAL <br />IN-CHANNEL DIVERSIONS FILED BY A COUNTY, MUNICIPALITY, CITY AND <br />COUN'l'Y, WATER DISTRICT, WATER ~D SANITATION DISTRICT, WATER <br />CONSERVATION DISTRICT, OR WATER CQNSERV ANCY DISTRICT FILED ON OR <br />AFI'ER JANUARY 1, 2001, THE APPLICl<\NT SHALL RETAIN ITS ORIGINAL <br />] <br />PRIORITY DATE FOR SUCH A RIGHT, BUT SHALL SUBMIT A COpy OF THE <br />APPLICATION TOTHECOLORADO W A'tERCONSERV ATIONBOARDFORREVIEW <br /> <br />PAGE 4-SENATE BILL 01-216 <br /> <br />. <br />