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87 <br /> 1 Q Are you familiar with decrees., which list recreation as a <br /> <br /> 2 : . 'beneficial use? <br /> 3 .A. Ye s ; I am. .. ' <br /> .4 - Q Both direct flow and storage. . .. <br /> . 5 A Yes. : . . <br /> 6 Q Are you familiar with the, coricept of a duty of water? <br /> ,.. A Yes, I am. , -? <br />. . $. Q Is there -- based on..your experience,.what is the . <br /> 9 _appli.cati_on , of the concept of , duty of water? <br /> 10 _ . •. A The concept is, as I understand i.t,..a.duty of wa.ter grew <br /> out._of- the early part of statehood where Court's were attempti,ng to. .:. ....-. <br /> 12: quantify irrigation right_s, primarily; and the sciences of . <br /> 13 . evapotranspiration calculations, things of th.at nature, irrigation and. <br /> 14 fishing really were not we31-known. So the Courts attempted to set <br /> 15 what was.called a' duty of water; generally that was one c.f.-s. per 50 <br /> 16 acres of irrigated land or one c.f.s. per 40. :-2t.varied acros.s the <br /> 17. state and varied within each jurisdiction. The attempt, in my <br /> 18 opinion, was to arrive at what's now defined in our statement of <br /> 19 . beneficial use, or the definition of beneficial use,:that the water. <br /> 20 had.to be applied in a reasonably efficient manrier and thatts where <br /> 21. the.concept of duty.of water came from. <br /> 22 Q Is there any duty of watex associated with recreation use, . <br /> 23 outside tlie context of the statutory definition:of beneficial use? <br /> 24 A Not that.I'm aware of. <br /> 25 Q Do you have any opinion as to whether the Breckenridge . <br /> 26 Course.structures are eff'icie.nt means of diversion? .