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<br />. <br /> <br />(b) IN DETERMINING WHETHER THE iNTENDED RECREATION <br />EXPERIENCE IS REASONABLE AND THE CLAIMED AMOUNT IS THE <br />APPROPRiATE FLOW FOR ANY PERiOD, THE WATER COURT SHALL CONSIDER <br />ALL OF THE F ACTORS THAT BEAR ON THE REASONABLENESS OF THE CLAIM, <br />INCLUDING THE FLOW NEEDED TO ACCOMPLISH THE CLAIMED RECREATIONAL <br />USE, BENEFITS TO THE COMMUNITY, THE INTENT OF THE APPROPRiATOR, <br />STREAM SIZE AND CHARACTERISTICS, AND TOTAL STREAMFLOW AVAILABLE <br />A TTHE CONTROL STRUCTURES DURING THE PERIOD OR ANY SUBPERiODS FOR <br />WHICH THE APPLICATION IS MADE. <br /> <br />(c) IF A WATER COURT DETERMINES THAT A PROPOSED <br />RECREATIONAL IN-CHANNEL DIVERSION WOULD MATERiALLY IMPAIR THE <br />ABILITY OF COLORADO TO FULLY DEVELOP AND PLACE TO CONSUMPTIVE <br />BENEFICIAL USE ITS COMPACT ENTITLEMENTS, THE COURT SHALL DENY THE <br />APPLICATION. <br /> <br />. <br /> <br />(d) IN ADDITION TO DETERMINING THE MINIMUM AMOUNT OF STREAM <br />FLOW TO SERVE THE APPLiCANT'S INTENDED AND SPECIFIED REASONABLE <br />RECREATION EXPERIENCE, THE WATER COURT SHALL MAKE A FINDING IN THE <br />DECREE AS TO THE FLOW RATE BELOW WHICH THERE IS NO LONGER ANY <br />BENEFICIAL USE OF THE WATER AT THE CONTROL STRUCTURES FOR THE <br />DECREED PURPOSES. <br /> <br />( e) IF THE OTHER ELEMENTS OF THE APPROPRiATION ARE SATISFIED, <br />THE DECREE SHALL SPECIFY THE TOTAL VOLUME OF WATER REPRESENTED BY <br />THE FLOWRA TES DECREED FOR THE RECREATIONAL IN-CHANNEL DIVERSION. <br />FOR PURPOSES OF THIS SUBSECTION (13), THE "TOTAL VOLUME OF WATER <br />REPRESENTED BY THE FLOW RATES DECREED FOR THE RECREATIONAL <br />IN-CHANNEL DIVERSION" MEANS THE SUM OF THE FLOW RATES CLAIMED IN <br />CUBIC FEET PER SECOND FOR EACH DAY ON WHICH A CLAIM IS MADE <br />MULTIPLIED BY 1.98. <br /> <br />(f) IF THE COURT DETERMINES THAT THE TOTAL VOLUME OF WATER <br />REPRESENTED BY THE FLOW RATES DECREED FOR THE RECREATIONAL <br />IN-CHANNEL DIVERSION EXCEEDS FIFTY PERCENT OF THE SUM OF THE TOTAL <br />AVERAGE HISTORiCAL VOLUME OF WA TERFOR THE STREAM SEGMENT WHERE <br />THE RECREATIONAL IN-CHANNEL DiVERSION IS LOCATED FOR EACH DAY ON <br />WHICH A CLAIM IS MADE, THE DECREE SHALL: <br /> <br />(1) SPECIFY THAT THE STATE ENGINEER SHALL NOT ADMINISTER A <br /> <br />PAGE 5-SENATE BILL 06-037 <br />