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<br />ion for Water Rights of the Eagle River Water& Sanitation District <br />5, 2002 <br />Alan C. Martellazo, P.E. <br />Page 111 <br />based on your understanding of the law; is that <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />i0 <br />correct? <br />A. Yes. <br />Q. Do yau know from a purely factual <br />standpoint whether or not there is a diversion <br />and control of water from a pure physical <br />standpoint? <br />A. The structures do def lect water. <br />Q. And that is a diversion, is it not, <br />from a physical standpoint? <br />A. I would suppose that, yes, it moves <br />water from one place to another within the <br />channel, but that's still within the channel. <br />Q. Okay. And is that, from a physical <br />standpoint, the control of water? <br />A. No. <br />Q. It's not from a physical standpoint? <br />A. No. <br />Q. Why not? <br />A. The water, I-- you can throw a rock <br />in the river, and water's going to run around <br />it. I don't know how you -- I don't believe <br />that it's been controlled. Q. Now, the -- to use your analogy of <br />throwing a rock in the river, that would only <br />Services (303) 316-0330