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QUESTIONS FOLLOWING <br />"JUDICIAL, PUBLIC AWARENESS, <br />AND EDUCATIONAL" <br />2-By Barry Saunders, Utah Division of Water Resources, Salt <br />Lake City, Utah: <br />I've got a quickie for Jeff. When you said that in the new <br />instream flow law, two agencies could hold a water right you <br />said one of them was the Division of Water Resources. Did you <br />mean the Division of Wildlife Resources? <br />A-(Jeff Appel) That's precisely what I meant. Yes. Sorry <br />2-By Stephanie Lake, Attorney for the Law and Water Fund, <br />pro Bono, Phoenix, Arizona: <br />I want to just touch on something that Jeff said which is f you <br />need a water lawyer or you need a lawyer to look at some issues, <br />the Law and Water Fund in Boulder, Colorado can find <br />somebody for you. Give us a call. <br />Q-By Chuck Coiner, Twin Falls Canal Co., Twin Falls, Idaho: <br />I don't know if I have a question as much as a statement. In <br />your statistics therefor recreation, just a little different way of <br />looking at it. This nation historically has had a cheap food policy, <br />and you people pay something like 17 or 18% of your disposable <br />income for food. Other places in the world spend 50 to 60 to <br />70% of their disposable income for food. And with only spending <br />17% of your livelihood there to go to feed yourselves, you have a <br />lot of money left over to fish, to recreate, to go around, to kayak, <br />to do all these things. And I might say just a different slant of it is <br />that you're all being subsidized by agriculture. Thank you. <br />A-(Jeff Appel) I think there's another message in there <br />too, and it was one of the purposes that we utilize this <br />particular tool in the course of negotiations on the legisla- <br />tive task force. And that was to show, and you don't really <br />know this unless you're from Utah, but many of those <br />particular industries are subsidized greatly by the state of <br />Utah, for instance skiing. And I guess the question that <br />raises is if you were to add instream flow or at least get <br />some states to support, not even necessarily a subsidy, what <br />could you do? What sort of boost to the economy would <br />that be? That was a statement too. <br />Q-By Tim DeYoung, Modrall, Sperling, Roehl, Harris & Sisk, <br />Albuquerque, New Mexico: <br />I just had a question about the empirical base. What is the real <br />threat of increased diversions on instream flow segments? And I <br />say that knowing that in New Mexico and a lot of other western <br />states instream flows are protected perhaps in a de facto fashion, <br />because they are below dams or they're on federal reservations, <br />national forests, so forth. So, maybe in Utah you could look at <br />particular segments other than the Green. How much instream <br />flow is there to protect? How much is that threat? <br />A-(Jeff Appel) I'm trying to think if there's a way to <br />answer that other than to refer you to the Division of <br />Wildlife Resources. At the beginning of our task force, we <br />put a map up on the wall, and one of the intentions was to <br />at least try to identify stream reaches that could benefit by, <br />depending on the threshold that you take, increased flow of <br />some nature. Would it do any good? In some streams, it <br />won't do any good, because they're gong to be dry anyhow. <br />In other streams, you might be able to get increased <br />productivity 25 or 30% as productivity of fish and other <br />river resources just by 2 or 3 cfs. And we have not done <br />that. I guess the answer is that we really haven't done it. But <br />the DWR might have a better handle on that than we do. <br />. A-(John Hill) Let me comment on that. I wouldn't <br />necessarily agree that there are not threats to instream flow <br />segments in the national forests. There's not any yet clearly <br />defined statutory authority the Forest Service has to <br />maintain instream flows, at least not as a water right. It has <br />its permitting authorities, but it certainly has a lot of <br />pressure on it to grant permits for diversions on the <br />national forest. Indeed, that's one of the purposes of the <br />national forest. So, I wouldn't make that assumption. <br />Q-By Angus Duncan, Northwest Power Planning Council, <br />Portland, Oregon: <br />While I'm sympathetic as for Mr. DeYoung while I'm <br />sympathetic where this kind of analysis is trying to go, I'm also a <br />little troubled by it in a couple of respects. One is that it tends to <br />come of as attack on agriculture and ultimately an attack on <br />farmers and just on a political and pragmatic basis it tends to, <br />you know, set the hairs standing straight up on the backs of <br />people's necks. It tends to be a whole lot harder to move from one <br />way of doing business to another, if you have started out by <br />polarizing the debate. I also have a problem, I guess, with the <br />way this analysis separates out agricultural use of a particular <br />resource a consumptive use of a resource and somehow implies <br />that that's different from what we do in other parts of the <br />economy. I come from a part of the world where frequently <br />aluminum companies get singled out because they use not an <br />enormous amount of water, or at least not directly they use an <br />enormous amount of electricity. And there are always <br />comparisons between the amount of employment they provide <br />and the amount of the electricity that they use. But if we but just <br />about every resource-based activity uses one resource or another <br />disproportionately and as far as that goes a lot of other <br />30