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Senator Fitzgerald: But are we presently diminishing individual property rights? <br />Chair: Senator Entz. <br />Senator Entz: I don't, thank you Mr. Chair. My understanding with the attomeys that worked on <br />this, it does not. ' <br />Chair: Senator Taylor. <br />Senator Taylor: Thank you Mr. Chairmen. I am not an attomey and I am not an expert on the <br />Consritution Senator Fitzgerald, but I believe our Constitution says that individuals have the right to water, <br />to that access, and I think that we aren't changing the constitution here, we can't change it so. I think that <br />covers the individual as it relates to water rights. <br />Chair: Senator Evans. <br />Senator Evans: Members, since this bill was introduced, I have had a chance to look at it and <br />examine all the patticulaz issues involved and I think it is a good bill. I haven't found any problems with it. <br />Initially I had some questions about public trust doctrine and whether it may raise an easements issue, but <br />and also whether it some property rights issues involved, but with working with the legislative staff <br />downstairs and the legal and some of my own work and research I think it is alright, and I think it's a <br />bill that you can go ahead and vote for with some confidence that you aze not going to be, basically <br />triggering any of those issues. <br />Chair: Senator Reeves. <br />Senator Reeves: I believe we are on L017. I wanted to ask on page 4, section 3, when we're <br />talking about the recommendations going to the water court, um, not being a lawyer I am wondering what <br />all findings of fact contained in the recommendation of the conservation board shall be presumptive as to <br />such facts. Um, but to subject to rebuttal by any party. Does that mean this boazd is an appointed board, <br />the conversation boazd. What if you have a board that really doesn't like recreational water rights , they <br />may not even like instream water rights, but they, so they have a bias against them and they make <br />recommendations. How much leeway does the water court have, cause I don't laiow how much that <br />language means "finding of fact contained in the recommendation shall be presumptive as to the facts", can <br />someone come in? How much latitude does the water court have to make it own decisions and get its own <br />information? <br />Chair: Senator Entz for response. <br />Senator Entz: Thank you Mr. Chauman. Well the judge has the final say, its just a fact that the <br />CWCB has the opporhwity to address different issues that they think would address that instream flow for <br />kayaking. <br />Chair: Senator Reeves. <br />Senator Reeves: So basically what we are doing is having the conservation board make <br />recommendations, so they are just a interxnediary board, but their comments have no more weight than <br />someone else who would like to come in and make comments before the water court and the judge, so they <br />can come in, but and plead their case. <br />Senator Entz: I understand that they in an advisory position and the individual has the same rights <br />as the CWCB when it comes to looking at it: <br />Chair: Senator Reeves.