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<br />,..J.., ;..~) <br /> <br />provisions of Section 24-4-106 (7), C.R.S. Appellate review of the court's <br />order shall be as allowed in other water matters. <br /> <br />(c) The Board's determinations regarding the matters to be determined by the Board <br />under paragraph (c) of subsection (3) of this section and paragraph (d) of this <br />subsection (4) for new appropriations shall be subject to judicial review in the water <br />court application and decree proceedings initiated by the Board, based on the <br />Board's administrative record and utilizing the criteria of Section 24-4-106 (6) and <br />(7). C.R.S. The Board may file applications for changes of water rights and <br />augmentation plans, and the water court shall determine matters that are within the <br />scope of Section 37-92-305. <br /> <br />(d) The Board may participate in the recovery implementation program for endangered <br />fish species in the upper Colorado river basin and appropriate and obtain decrees for <br />minimum instream flows or natural lake levels, including decree provisions for <br />modification and enforcement, the implementation of which shall not be subject to <br />paragraph (b) of this subsection (4), as it determines will preserve the natural <br />environment of the Colorado river endangered fish within Colorado to a reasonable <br />degree while protecting existing uses within Coiorado and not depriving the people of <br />the state of Colorado of the beneficial use of those waters available by law and <br />interstate compact. <br /> <br />(e) Sub-subparagraphs (A) and (C) of subparagraph (II) of paragraph (b) of this <br />subsection (4) shall not apply to the Board's consideration of any proposed decrease <br />which was included in a meeting notice and agenda issued by the Board prior to May <br />23, 1996 whether or not the Board had scheduled or taken any action on the <br />proposal by such date. Sub-subparagraph (D) of subparagraph (II) of paragraph (b) <br />of this subsection (4) shall not apply to such a proposal as long as the Board <br />establishes fair and formal procedures pursuant to such sub-subparagraph (D) at or <br />before the first public meeting thereon for any subsequent public meeting, including <br />the opportunity for reasonable disclosure, discovery, subpoenas, direct examination, <br />and cross examination of witnesses. All other provisions in paragraph (b) of this <br />subsection (4) shall apply to any decrease after May 23, 1996. <br /> <br />4 <br />