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<br />. <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 /> <br />. <br /> <br />ABILITY OF COLORADO TO FULLY DEVELOP AND PLACE TO CONSUMPTIVE <br />BENEFICIAL USE ITS COMPACT ENTITLEMENTS, THE COURT SHALL DENY <br />THE APPLICATION. THE DECREE SHALL SPECIFYTHA T THE STATE ENGINEER <br />SHALL NOT ADMINISTER A CALL FOR A RECREATIONAL IN-CHANNEL <br />DIVERSION UNLESS AT LEAST EIGHTY -FIVE PERCENT OFTHE DECREED RATE <br />OF FLOW FOR THE APPLICABLE TIME PERIOD WOULD BE PRODUCED BY THE <br />CALL. <br /> <br />(d) THE WATER COURT MAY RETAIN JURISDICTION OVER A <br /> <br /> <br />RECREATIONAL IN-CHANNEL DIVERSION, DURING WHICH TIME IT MAY <br /> <br /> <br />CONSIDER ABANDONMENT OF THE DECREE IN WHOLE OR IN PART AND THE <br /> <br /> <br />FACTORS SPECIFIED IN PARAGRAPH (a) OF THIS SUBSECTION (13) UPON <br /> <br /> <br />MOTION OF THE STATE ENGINEER, <br /> <br />SECTION 4. Applicability. This act shall apply only to <br />applications for and the administration of new recreational in-channel <br />diversions filed on or after the effective date of this act. <br />SECTION 5. Safety clause. The general assembly hereby finds, <br />determines, and declares that this act is necessary for the immediate <br />preservation of the public peace, health, and safety. <br /> <br />-7- <br /> <br />037 <br />