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Mme. Chair: Is there a second? <br /> Man: Second. <br /> Man: What is it? <br /> Mme. Chair: [unintelligible] Miss Spradley? <br /> Rep. Spradley: Yes. This is an amendment that strikes the conditional use, the <br /> recreational use, the restriction that [unintelligible] Jamison and I <br /> and others have had some discussion about earlier, and I just remind <br /> the Committee that this bill is a very carefully crafted agreement, <br /> and if we start striking parts of this Bill at this point in time, this <br /> thing starts to fall apart. And so I would ask the Committee that we <br /> just [crosstalk]. <br /> Mme. Chair: Representative Jamison? <br /> R.ep..Jamison: Yeah, again let's think back to this conversation we had about this, • <br /> and what we're doing in this Bills giving upstream junior rights <br /> precedence over downstream rights. This Bill says you can only do <br /> one thing and one thing only, and that's the purpose that you bought <br /> your water rights for. You have no way of changing that over. The <br /> courts decided in '82, '86, and again in '92, to continue conditional <br /> water decrees, always were allowed to be an ultimate appropriation <br /> of water. So just because it's still conditional, that doesn't mean that <br /> you can just say, "OK, well I'm going to use water if it's not being <br /> used." Eventually that water's going to be appropriated for <br /> something. <br /> We're also talking about in- channel diversions and non - consumptive <br /> usage. The original right that we're talking about—the conditional <br /> right, more often than not, is a consumptive right. So it's not like <br /> we're taking water and we're using it for something else. It's still a <br /> beneficial use. It's still in- stream. And by passing this law, if we <br /> don't eliminate this section, we're giving up -stream junior water <br /> right holders precedence over the senior rights. <br /> Mme. Chair: Representative Spradley? <br /> Rep. Spradley: Thank you. Representative Jamison, I disagree with you on several <br /> points, but I think that this actually puts the prior appropriation <br /> system, if your amendment passes, into chaos, because these water <br /> rights have never been called. Could be, you know, a developer's <br /> water rights is called into play simply by changing —you know, <br /> May 7, 2001 <br /> Page 17 <br />