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• <br /> General Assembly have the right to determine who can apply to <br /> appropriate water in different ways, or is that something that every <br /> individual has the right to apply for an appropriation of water or <br /> additional water rights or water [inaudible]? <br /> Mme. Chair: Mr. Simms? <br /> Mr. Simms: Representative Plant, I would argue that in fact the General <br /> Assembly does have the power to regulate in a manner to state who <br /> can appropriate certain types of legislatively created water rights. In <br /> this case, in-channel use was unknown in the law when the <br /> Constitution was formed, up until the [unintelligible] Act was passed <br /> in the seventies. And that type of legislatively created water right, I <br /> would say would be completely up to the. General Assembly to say <br /> who can and who can't, and how that water right should work. So <br /> the answer to your question simply, yes, you can make those <br /> limitations. It's not the same as saying farmer A or Farmer B can or <br /> cannot divert for irrigation. <br /> • <br /> Mme. Chair: Thank you. Any further questions for Mr. Simms? If not, thank you <br /> for joining us today. <br /> Mr. Simms: Thank you. <br /> 1vtme. Chair: Is there anyone else in the room that hasn't signed up that would like <br /> to speak to this bill? If not, the public testimony portion is closed. <br /> All right, Representative Spradley, before we proceed I'd like for <br /> you to step out of your role as bill sponsor and talk to us as majority <br /> leader, and let our committee members know where we are as far as <br /> _ majority leader being on the floor is. <br /> Man: Are we excused? <br /> Rep. Spradley: Thank you, Madam Chairman. I called upstairs to tell them that we <br /> were still in committee, and that we would be up shortly. That if <br /> they proceeded to excuse the members of this committee and that we <br /> had to proceed with special orders, <br /> Mme. Chair: Thank you. <br /> Rep. Spradley: So I would like to proceed and finish this bill today, and next week <br /> move into the amendment phase of the bill. Are there amendments? <br /> [crosstalk] <br /> ] <br /> Man: I move zero two three. <br /> May 7, 2001 <br /> Page 16 <br />