Laserfiche WebLink
<br />. <br /> <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br /> <br />. <br /> <br />. <br /> <br />conservation board PURSUANT TO SECTION 37 -92-102 (6) (b) REGARDING <br />A RECREATIONAL IN-CHANNEL DIVERSION, WHICH FINDINGS shall be <br />presumptive as to such facts, subject to rebuttal by any party. IN <br />ADDITION, THE WATER COURT SHALL CONSIDER EVIDENCE AND MAKE <br />AFFIRMATIVE FINDINGS THAT THE RECREATIONAL IN-CHANNEL DIVERSION <br />WILL: <br /> <br />(I) NOT MA TERlALL Y IMPAIR THE ABILITY OF COLORADO TO FULLY <br />DEVELOP AND PLACE TO CONSUMPTIVE BENEFICIAL USE ITS COMPACT <br />ENTITLEMENTS; <br />(II) PROMOTE MAXIMUM UTILIZATION OF WATERS OF THE STATE; <br />(III) INCLUDE ONL YTHA TREACH OF STREAMTHA TIS APPROPRIATE <br />= FOR THE INTENDED USE; <br />(IV) BE ACCESSIBLE TO THE PUBLIC FOR THE RECREATIONAL <br />IN-CHANNEL USE PROPOSED; AND <br />(V) NOT CAUSE MATERlAL INJURY TO INSTREAM FLOW WATER <br />RlGHTS APPROPRlA TED PURSUANT TO SECTION 37-92-102 (3) AND (4), <br />(b) IN DETERMINING WHETHER THE INTENDED RECREATION <br />EXPERlENCE IS REASONABLE AND THE CLAIMED AMOUNT IS THE <br />APPROPRIATE FLOW FOR ANY PERIOD, THE WATER COURT SHALL CONSIDER <br />ALLOFTHE FACTORS THAT BEAR ONTHE REASONABLENESS OFTHE CLAIM, <br />INCLUDING THE FLOW NEEDED TO ACCOMPLISH THE CLAIMED <br />RECREATIONAL USE, BENEFITS TO THE COMMUNITY, THE INTENT OF THE <br />APPROPRIATOR, STREAM SIZE AND CHARACTERISTICS, AND TOTAL <br />STREAMFLOW AVAILABLE AT THE CONTROL STRUCTURES DURING THE <br />PERIOD OR ANY SUB PERIODS FOR WHICH THE APPLICATION IS MADE. <br />(c) IF A WATER COURT DETERMINES THAT A PROPOSED <br />RECREATIONAL IN-CHANNEL DIVERSION WOULD MATERIALLY IMPAIR THE <br /> <br />-6- <br /> <br />037 <br />