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water best we can and I think it'll be helpful that have 216 passed. Has to be something done <br />with rec flows. Can't just see one city take away from everyone else. <br />RK this board one of most dedicated group in the state. There with council at every step and <br />really helped. <br />Dave appreciate help leg gave us. Something bothered me all through this. Had water right <br />system in place for basic uses quantified amounts. Generally more water in stream being used by <br />others. Instream flow program. I want to preserve environment but very careful was minimum <br />amount. Always balancing man and environment. With rec instream flow my goal always been <br />that those rights be quantified. Want rec people to have reasonable experience. But not all water <br />in the stream. Why tried to address various things that might affect our consideration. A lot of <br />board members. <br />Al creation of rec instream flows came at bequest of water court not legislature. If up to me don't <br />see need for them but if court decreed that exist we need to deal with them. <br />Jack carl miller wrote letter recently. Share lots of those concerns. Fit within 216 <br />RK the Carl Miller letter we never received actual letter. Lew Entz gave at meeting. Have made <br />it part of the record. And set out a respone to miller that will be considered. <br />Al a lot of concerns addressed for me tonight. <br />RK also by chris trees and board sympathetic. Make sure board gets a copy. <br />Engineer office. Reference to information that applicant supplies. Structure extended across total <br />width of the stream. Is it position that it has to? <br />RK no don't think so. Have to know extent of structure to identify if control established. <br />Guy how will you determine what reasonable is? <br />RK that is a good point. Case by case. Concept in law of reasonable man test. Different for every <br />situation. What trying to accomplish and potential impacts to come up with compromise. <br />DM think earlier drafts looked at entire flow. No 5d is fully and completley controlling the <br />water. Reasonable is engineering data in 51 look at actual structure and various amounts at diff <br />times and users and what is reasonable. <br />Engineer what do you see our agency role in this? <br />RK I see state engineer's office as integral part in administering this. When water right could <br />place a call on river. Can you place a call when know physically can't get water there. Can water <br />right place call when no boaters on river. Goes to nature of what is beneficial use. Expect state <br />C <br />