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You know, I would be more than glad to address any issues that you <br /> would have on the bill. I think for the purpose of brevity I'd stop my <br /> comments at this point and answer any questions, should there be <br /> any. <br /> Mme. Chair: Representative Johnson? <br /> Rep. Johnson: Thank you, Madam Chairman. It's a little broader than the topic <br /> [unintelligible] but I'm just curious. I mean it makes me a little <br /> nervous when the court's recognizing water rights like this. And I <br /> know that whenever anybody diverts water for a beneficial use it <br /> creates a water right. So in a sense, we're talking about just how it's <br /> adjudicated here. But just on this general topic, are you guys at all <br /> concerned about the precedent that's been set here and is there a <br /> need for any legislation in that area to address adjudication of water <br /> rights that we really haven't seen. before? <br /> • <br /> Mme. Chair: Rod? <br /> Rod Kuharich: In responding to that, I would have to say we have a situation now in <br /> the courts where several water rights have been filed — <br /> Breckenridge, Vail, Aspen and Golden. Golden has gone to trial. - <br /> The response to these water rights has been this piece of legislation. <br /> We felt it was probably more important to have the legislature <br /> determine the nature of these water rights than to have the courts <br /> determine the nature. Granted, it does create a new class of water <br /> rights. But I think if you look at the definition, it's an attempt to fit <br /> this water right into the process we have now. It talks about <br /> minimum amount of water necessary to accomplish a reasonable <br /> recreational experience. I think [unintelligible] . Reasonable and <br /> recreational and are two words that are used in there. <br /> And I do think that it's consistent with the test that other water users <br /> have to comply with because any water user, be it agricultural, <br /> municipal or industrial, is governed by the test of .efficiency where <br /> it's not all the water they can physically get a hold of, but it's all the <br /> water that they can reasonably and efficiently use. And that really <br /> becomes the test of what those water rights can appropriate. And I <br /> think by this definition, we have placed this water right in the same <br /> light that the other water right classifications are. Does that answer <br /> your question, Representative Johnson? <br /> Rep. Johnson: Yeah. It doesn't make me more comfortable, but... <br /> Mme. Chair: Representative Spradley? <br /> May 7, 2001 <br /> Page 6 <br />