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4-14 Senate Committee
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8/15/2009 6:00:51 PM
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7/25/2007 1:01:00 PM
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IBCC Process Program Material
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4-14 Senate Committee
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Legislation
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<br />4-14 Senate Committee <br />Interviewer, Interviewee <br /> <br />Page 15 of 37 <br /> <br />Sellator Hillmall: <br /> <br />Chairmall: <br /> <br />Frank McNlIlty: <br /> <br />Thank you, Mr. Chairman. Frank, the only question I have <br />following up on the discussion we had this morning about the <br />proposed change still on page 8 in that same paragraph, it talks <br />about the five water rights owners. When I read it, it seems to me <br />to say that those five people who can be appointed can be water <br />rights owners or their agents. And I noticed this morning when <br />you talked to me it didn't seem to be necessarily your intent that <br />the appointment could directly bypass water rights owners and <br />appoint somebody in their place. <br /> <br />I know when we look at, well when we have Bills to talk abbot the <br />appointment authority as of the bigger the presence, minority <br />leader often if its position designated for let's say the president of <br />the Senate but they can put somebody in their place it tends to say <br />their designee rather than their agent. <br /> <br />So I think what I need you to do is just you or whomever, clarify <br />for me whether by referring to their agent it's your intent that the <br />original appointment must be the water right owner but they can <br />have somebody attend in their place or may the original <br />appointment be a water right owner or somebody who's an agent <br />or one or more water rights owner. <br /> <br />Mr. McNulty. <br /> <br />Thank you, Mr. Chairman. Agent is in this context, a very specific <br />legal term and that means someone who is authorized to act on <br />behalf of another. In order for that authorization to occur, someone <br />must be put into a position to do so. It is our intent with this <br />language that a water rights owner be chosen or a group of water <br />rights owners be chosen in the instance where they may own <br />shares in ditch or reservoir company and be a member of an <br />irrigation company; that they be able to authorize an agent to act <br />on their behalf as part of this process. <br /> <br />Designee would get to the same place in that someone must be <br />designated, I don't know that it matters which word were used, but <br />our intent is that who ever this person is act on behalf of and be <br />authorized by the water rights owner. <br /> <br />Chairman: Further questions for Mr. McNulty? See none, thank you. We'll <br />walk you through those, we appreciate it. <br /> <br />Frallk McNlIlty: Mr. Chairman, members of the committee, thank you. <br /> <br />www.escriptionist.com Page 15 of 37 <br />
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