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91 <br /> Let's.turn to another area. I.s a recreation water right <br />. 2 '..inherently different from other water rights? <br /> 3 .A. Not in my opinion. . . <br /> ? 4 ` ?. . Why not? . . . . <br /> 5 A To obtain arecreational water .right, you must..meet all the <br /> 6 elements of appropriation.,t'hat are required of-obtaining the water <br /> 7 right for any other beneficial, use. There has to be an intent...There <br /> 8 _ has to be'diversion. There has.,tob:e an application to beneficial <br />:. . 91 ? use.. :" . - . <br />, ._. , 10 ' Q. .. And_ when you say diqersion, wha't do you mean : by .that?. .. .., <br /> A Th.e.._ water has .to . be : diverted pursuant to the statute... .. <br /> 12. Whether the water is t.aken out of the'stream physically and:applied in <br /> 13 . some other area to a beneficial use or whether it's controlled and <br /> 14 dive.rted within the stream channel itself, there stil:l must be.a . <br /> 15 diversion, .. . . <br /> 16 Q Okay. Are you aware of any situation where._appropriators <br /> 17: have been restricted in the amount o.f water that can beapplied to ? <br /> -: 18 beneficial use:based on subjective'limitations? <br /> .19 A No, Only if it was vbluntary on the part of the applicant ' <br /> 20. where th,ey would make_some kind of stipulation o;r settlement. <br /> 21 Q Are you aware :of any situation where Iimits have been <br /> 22 placed on the amount of a given beneficial use to preserve water for <br /> 23, an undef-iried future use?. . ' <br /> 24 A No. In my opinion., that would violate the constitutional <br /> 25 right to appropriate unappropriated water.: . <br />. . <br />_ . . <br />I