SB01-216 Senate Committee on Public Policy and Planning

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way through. You have to go through a parallel or a series process. You could be stalled for up to a year going through that. There is clearly different agendas from different people on that board. They're appointed from different regions and for different reasons. And they are not in our opinion a true neutral arbiter. Sen. Perlmutter: Thank you. Mme. Chair: Are there questions for Mr. Hartman? Senator Entz. Sen. Entz: Thank you, [unintelligible]. Mme. Chair: Well, I have a question if you don't, so. Sen. Entz: I was just going to say, you know, Golden is grandfathered in. This bill does not affect Golden. Mme. Chair: Senator Perlmutter. Sen. Perlmutter: Thanks, Madam Chair. Under the amendment, right? • Man: Yes. Sen.. Perlmutter: OK. . Mme. Chair: Mr. Hartman, at what point did Golden start building? Did they have a water right and a right to this recreational use before they started building? Or did they just put in all this dredging and rock structure and everything? D. Hartman: No, Golden put in — you can't file on a right until you could put it -to beneficial use. So we put this M. We had obviously studied water rights and availability of water on this Clear Creek. But we put this in, we let it run for one season so we could understand the use it was being put to and the benefit, because it is a little unprecedented. We didn't have a lot of other areas in the state to look at. And then at the end of our first year, we filed on the right. Mme. Chair: How many acre -feet do you already — or second feet do you already have? And then how many additional ones will you try to get? The case is still in court, I know the [unintelligible]. Does that include all these other acre -feet or second feet that you distribute around to various parties? D. Hartman: Yes, though we would claim, if you look at it that way, we would claim this time of year we get into the high — well, we're in the mid- April 12, 2001 Page 12