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<br />(1) Natural Environment. That there is a natural environment that can be preserved to a <br />reasonable degree with the Board's water right if granted. <br />(2) Water Availability. That the natural environment will be preserved to a reasonable <br />degree by the water available for the appropriation to be made. <br />(3) Material Iniury. That such environment can exist without material injury to water <br />rights. <br /> <br />These determinations shall be subject to judicial review in the water court application and <br />decree proceedings initiated by the Board, based on the Board's administrative record <br />and utilizing the criteria of S 24-4-106(6) and (7), C.R.S. (1999). <br /> <br />STAFF RECOMMENDATION <br />For each stream listed in the attached Instream Flow Recommendation Tabulations, the <br />staff recommends that the Board: <br /> <br />(1) Determine, pursuant to section 37-92-102(3), CRS, and based upon the <br />recommendations of the CDOW, BLM and/or USFS, a review of the data and other <br />information presented by Staff, in this memo and orally, and Staffs recommendation for <br />instream flow appropriations on the streams identified; that: <br /> <br />(a) A natural environment does exist on each stream; <br />(b) Water is available in each stream and lake for appropriation; <br />(c) The natural environment will be preserved to a reasonable degree by the water <br />available for the recommended appropriations; <br />(d) There is a natural environment that can be preserved to a reasonable degree <br />with the recommended water rights, if granted; and <br />(e) Such natural environment can exist without material injury to water rights. <br /> <br />(2) Pursuant to Rule Sf., establish January 25,2005 as the appropriation date for these <br />instream flows water rights. <br /> <br />(3) Request the Attorney General's Office to file the necessary water rights <br />applications. <br /> <br />Attachments <br />