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Sen. Matsunaka: Well, I guess, I can see in- stream rights for your kind of use what's <br /> there, versus where somebody upstream actually needs the water, not <br /> necessarily for an in -stream use, but needs a consumptive use. So <br /> there's no, what would be prevented now if, under this current plan or <br /> under [unintelligible] they'd never be able to get a consumptive use <br /> [unintelligible] up- stream, is that right? <br /> Mme. Chair: Mr. Hartman. <br /> D. Hartman: No I don't believe that is correct. They would be able to file for a <br /> consumptive use upstream and to the extent that we have subordinated <br /> to them, their right would take precedence over ours. In a number of <br /> cases, too, because there's, the way it works out with some of the <br /> upstream users from Georgetown to Golden is about a nine hour lag. <br /> We have subordinated some night time use, although we have learned <br /> as part of trial, that people are parking their cars out there with their <br /> headlights and using this thing in the middle of the night. But in <br /> general, we're concerned about day light hours. So to the extent they <br /> want to divert during the daytime, to some other use, we have, as part <br /> of our subordination allows that so that during the night time, the <br /> water that's up there gets passed and it's in Golden for the day time <br /> use. But it would not preclude under the subordination terms that we <br /> have given, people from filing rights that would be junior to our, but <br /> that they — we would allow their right to be senior to ours under the <br /> terms and conditions of the decree we're asking for. <br /> Mme. Chair: Senator Matsunaka. <br /> Sen. Matsunaka: The subordination agreement that you're talking about, those are <br /> voluntary agreements. So to those that aren't participants to the <br /> subordination agreements, they're basically out then if you get your <br /> water right decreed, right? <br /> Mme. Chair: Mr. Hartman. <br /> D. Hartman: I'm sorry, if an individual water supplier up stream has not requested <br /> or does not have a subordination they need, no, it would not. We just <br /> responded to the requests and the negotiations we had with upstream <br /> users based on their future plans. <br /> Mme. Chair: Senator Matsunaka. I'm mean, Senator Perlmutter. <br /> Sen. Perlmutter: Thanks. And just somebody I know we've got a lot of people who <br /> really understand water law a lot better than I do, but I understand <br /> Colorado water law to say the first person who puts the water to a <br /> beneficial use, has a certain, has the highest priority. And then <br /> April 12, 2001 <br /> Page 14 <br />