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, <br />? <br />I <br />2] <br />] Q My question is -- you just said a moment ago, to rlave a <br />2 diversion you feel you need to have one of two things, either a <br />3 physical removal of water from the stream, correct? <br />4 A Correct. <br />5 Q Or an impoundment. <br />6 A Yes. <br />7 Q Okay. So then, is it your opinion that the control of <br />8 water in a natural course by means of a structure or device that does <br />9 not remov e the water from the river or does not impound the river, <br />10 that does n't constitute a diversion? <br />ll A It's not a d.iversion, no. <br />12 Q Okay. It's your opinion then, in order for there to be <br />13 control, there has to be less water remaining downstream of the <br />14 structure than existed upstream. <br />15 A Yes, or more, if it's in the event of a reservoir making a <br />16 reservoir release. <br />17 Q Okay. So the only -- wel1, I think you've answered. Yet, <br />18 you agree , however, that the structures in the Breckenridge Course <br />19 affect wa ter that is a diversion from an actual physical standpoint. <br />20 MS. SCHNEIDER: Objection. I didn't understand that <br />21 question. I thought it was confusing, but if could -- <br />22 MR. PORZAK: I'll ask the question again. <br />_14 C. (by i•lr. rci<.:ak; zea agrEE, do you nat, tr,at tne structures <br />24 ir. t} :: P.-r eckenridge Cc:zs-?E affect wat-?r and tr,at is a c:iversion from a <br />-5 pra'y'Slccll standpoint? <br />9