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09-27-2004 03:54PM FROM-DOL NATURAL RESOURCES 3038663558 T-244 P.009/011 F-454 <br />The Court'= sp1iL vote and my non-participation has bean o.f <br />great interest zo the public in forums where I have appeared. I <br />xoutinely .receive questions abouc my non-part1.cipation. I have <br />answexed these <luestions because they raise issues of the <br />Court's procedu.,-e and of water law that I believe are well- <br />suited zo a Jus!:ice's public teaching role. <br />The answer T have consistently given is as stated in the <br />Colorado Public Radio and legal magazine interviews. I <br />explained that Erie 3-3 voF-e of thas Court affirrned thc Water <br />Courts' decisaons by operation of law, and, except for Lhose <br />cases, did not settle the 3tatus of kayak couxses under <br />Colorado's pricr appropriation law; further, that future cases <br />were likely to involve Che General Assembly's new recreational <br />in-channel divExsion statute. I believe each of these to be an <br />accurate staten,ent about the 1aw which any attorney or judge <br />familiar w-tth Cclorado water law and thi;5 Courz's procedure <br />would give in << teaching or wriLing setting. <br />I also explained the procedure Y would use in deciding <br />whether to par;.icipaLe in future cases involving the <br />recreational i,i-channel divers.ion siatute-that T would :Look <br />closely ac whei:her I could fairly paztic.ipate in rhc-_ particular <br />case under rhe Canons of Judicial Conduct. r a]_so expressed my <br />enthusiasm abo_it being a member of Lhis Court and hal.ping to <br />decide water cases.