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putting some boulders in the water if you will, and creating a <br /> recreational water right, and I think we have a whole prior <br /> appropriation system that I don't know that we want to dramatically <br /> change by removing the [unintelligible] <br /> Rep. Jamison: Thanks; Madam Chair. We're not dramatically changing anything. <br /> Again, I've got a whole sheet of case law here. Conditional water <br /> decree has always been to allow an alternate appropriation of water. <br /> Conditional water decrees are designed to establish that first step <br /> towards appropriation of water. I mean, that's what we have <br /> conditional water rights for. Eventually, they're going to be used for <br /> something. We can't take that right away. I think that's what would <br /> be upsetting to water courts and [unintelligible]. <br /> Miss Spradley: Thank you. Representative Jamison, you and I are not going to <br /> agree. I just asked for a no vote. <br /> Mme. Chair: Representative Rippy? <br /> Rep. Rippy: I pass. <br /> :Mme. Chair: Judge Plant [sic] <br /> Rep. Plant: Thank you. I just want to point out that this is I think a very <br /> significant departure from an interesting interpretation of what is a <br /> • water matter as the Court decided repeatedly in the past, and it has <br /> been determined that each water judge has exclusive jurisdiction <br /> • over water matters within their water division, and we're saying, <br /> "Except here." And I just don't know that's an appropriate thing for <br /> us to do, two days before sine die, to say we're going to change <br /> something that has been historically considered within the <br /> jurisdiction of the water courts, and just make one exception to it. I <br /> would urge a yes vote. <br /> Mme. Chair: Representative Spradley? <br /> Rep. Spradley: Yes. Current law doesn't allow the CWCB to convert the <br /> conditional water rights, in -spring flow water rights, because in- <br /> spring uses and in- channel uses are different than diversionary <br /> consumptive water rights, so I think that there is a little difference in <br /> what you said, Representative Plant. I ask for a no vote. <br /> [unintelligible] <br /> Clerk: Representative [unintelligible]? <br /> Representative: No. <br /> May 7, 2001 <br /> Page 18 <br />