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104 <br />l Q (by Mr. Porzak) Dr. Danialson, based_ on you.r experience as? 2 the former State.Engineer, is recreation.recognized as the beneficia ry <br />3 use of water in Colorado3 <br />Li <br />? <br />4 A Yes. <br />5 Q. And are you familiar with decrees, which list.recreation as <br />6 . a benefici al use? <br />7. A Yes, I am. <br />8 Q Both direct flow and storage decrees. <br />9. A Y e s. -- , <br />10 Q Are you familiar with the concept of duty of water? .- , <br />1l A Yes. <br />12 Q Based on your experience, what is the application of the <br />13 concept of duty of water? <br />14 A My understanding is. the concept of ,duty of water was an <br />15 early appr oach to the question of beneficial use.and.waste. The, <br />16 concept,.a t least.my first encounter, was in looking at very old <br />17 irrigation decrees.where the science of irrigation and irrigation <br />18 efficiency was not well-developed and the Courts were seeking to.put <br />19 some kind of factor into the efficient diversion of water for <br />20 irrigation . This usually took the formof one c.f:.s. per 90 acres., <br />21 one c.f.s. per 50 acres, but there was a limit placed that tri,ed to, <br />22 in my opin ion, require that a diverter not take more water than <br />23 reasonably necessary to.irrigate the lands he was seeking to:irrigate. <br />24. Q Was the concept of duty of.water evEr app2ied to limit,the <br />25 amount of beneficial use? <br />26 A Not to limit the beneficial use, no.