Recreational Instream Flow Workshop Tanscription of Meeting Tape

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Bill Brown Really what this is basically the law right now Bob allows for. It says this you get water right if you divert the water and you apply it to a beneficial use. Diversion as Glen points out doesn't mean its not the old classic taking the water out of the river, with a diversion structure like you are familiar with. It now involves controlling the water while it's in the channel and flowing down the river. You have to exercise control over it. Eric brought up the point and maybe should be looking at some kind of water right for rafting without any control or diversion being necessary. That's a whole another thing. But right now with the law you have got to have this control. And Paul Zilis's point was yes power dams could do the same thing but they are doggone expensive. Uh, recreation, control with a few boulder clusters might accomplish the same thing for a whole lot less money. But you have got to have that instream control. Glen Porzak You also have to have the intent. And I think its important that before you make your decision to go out to course like Golden's and look at because its not just a few little boulders thrown in there. They are in all effects dams that are anchored in cemented in grouted in into the river. These are large capitol investments. Bill Brown - But the law doesn't require that Golden may have done it. But another entity could come in with the same idea and could accomplish it for a few thousand dollars, possibly. Glen Porzak Not with those kind of flows Bill Brown Ali maybe not, I will let you and Gary wrestle with it. Greg Walcher What about the construction though in the river of some structure that allows you to get in the river as in the case of rafting. Where you are not actually controlling the river in it, but clearly you are spending some money and building a structure as in the case of the Loma boat launch or something like that. Bill Brown I think the control has got to be for the purpose of accomplishing the beneficial use. Glen Porzak But Greg there's another distinction and that's for a recreational diversion you can only modify particular water right for that stretch that you actually have that infrastructure where you have those control devices. For a rafting situation you would be talking about long segments of the river. Where you really are a different beast. Greg Walcher Well it is but so you are suggesting that someone could not acquire a recreational flow right for a rafting course it has to be for a kayak or it doesn't apply. Bob Burr That's what I was wondering. Kayak is not the only form of recreation there is. Glenn Porzak No that's correct but you have got to have the channel of the flow being controlled and diverted that's the Fort Collins decision. It says there has got to be a control device that actually deflects and diverts and controls the flow. I don't see how to take you know your question of rafting, where you can get a in all amounts be an instream flow water right for rafting. I am not sure that's where our law is. Greg Walcher Maybe its just hypothetical but you could control you a stretch of river fifty miles long and create white water where there was still water if you put enough boulders in the river. $o you would be controlling it in the sense that you are talking about. Under that interpretation of the law wouldn't you? IV