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Glenn Porzak I would have to look at the specific factual situation I think it would be real questionable. <br />Greg Walcher There isn't any I just made it up <br />Glen Porzak You got a couple of bites of the old apple on this one because not only do you have <br />traditional water court domain but you also have to get a 404 permits for these. And a lot of times the <br />Corps will look at these and ask certain questions so the state certainly has abilities to point out such <br />things as impact on compact entitlement as whether a permit should be granted. <br />Bill Brown — I think if you have a reach of the river that was really suitable for rafting but there was all of <br />the sudden some serious rapids for instance that did.not allow rafts to pass or any other watercraft. You <br />could probably go in there and construct some kind of a raft chute and accomplish it that way. But it <br />would depend on the particular river. I don't see it would happen if it was amenable for rafting and you <br />didn't have to do anything to it, then you could the right. <br />Greg Walcher I just don't want to depend on some federal agency the Corps of Engineers or anyone else <br />to care about whether Colorado is using its compact entitlement. <br />Eric Wilkinson One more question then we have got to move on. <br />Pafti Wells I had a quick question. Isn't the more fundamental question you are asking. Not just the fact <br />that white water rafting is a form of recreation in Colorado and do we want to have instream flows <br />available for that that purpose. And what Glen is saving is that the way our statute is set up know it <br />would hard to do that without some kind of a diversion or control. That's kind of a policy decision and if <br />`he idea is we want recreational instream flows of a much broader variety than simply rafting or simply <br />kayak courses or things where you do have to build a diversion structure. That's a policy consideration <br />that you know I am sure the board has interest in and would probably require some kind of legislation <br />change. <br />Eric Kuhn That's my point I didn't want to loose track of the issue being close for protection of recreation <br />and I don't want to limit that to boat chute ah kayak courses. I wanted to have a broader policy level <br />discussion then just the protection of kayak courses or small boat chutes or those kind of things. <br />Glen Porzak But the fundamental difference is that in order to create the ability to have a water right for <br />rafting you need a legislative chan ge. In order to strike down the ability to have a recreational diversion <br />for kayak courses. You need to have a legislative change to prevent it because the law already allows it. <br />Eric Wilkinson with that we are going to move on thanks Bill. Next we are going to here from Paul <br />Flack of State Parks. <br />Paul Flack I think I will walk to the front. For the record I want it noted that it was warm before I <br />started. I was assigned this task of addressing the state interest for recreational instream flows coming off <br />a week vacation. I can't tell you thrilling it is to ease back into the job. My first reaction was to go into <br />government bag of speeches and pull out a win -win speech for the day. But just that term alone makes <br />everybody gag including myself so I dumped that. Went to the other "in the interest of the taxpayer " <br />government speech but again that really didn't fit for this particularly topic so ended up with this when <br />you don't know what to do and really don't have a position at this point in time, we pull out the maybe <br />maybe not speech. This is the maybe mabye not speech. Just a little background in relation to. I am the <br />hydrologist at State Parks for some of those of you confused and think I am Laurie Matthews, that is not <br />the case. I am a hydrologist. I am the one that basically administers and is responsible for instream flows <br />VI <br />