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'r <br />room. Um, at the time of the formation of the subcommittee at the July meeting. There was discussion of <br />the desirability of attaining a consensus among various interest groups on this issue, rather than a free for <br />all before the legislature. And so I would ask of the subcommittee when will opportunity for that <br />consensus building. I want to let the board know especially I have heard from a lot of people that would <br />like to participate in this issue who can not attend a meeting in the afternoon of a work day. I think that I <br />know you are curious about hearing form the public. In furtherance of that goal I encourage you to have <br />meetings on evenings and weekends at accessible venues around the state not just in Denver. I would also <br />note that I am on the agenda as the presenting to the environmentalist perspective and I want to say that <br />there is no way on earth that I speak for environmentalists through the state of Colorado. Many TU <br />members would assign themselves the description of environmentalist. We are a conservation group very <br />concerned with clean flowing streams. But I do think the environmentalist perspective is important and I <br />encourage you to extend an invitation to environmentalists across the state in this discussion. I will <br />conclude by saying that we look forward to continued and more detailed discussion of all of these issues. <br />Eric Kuhn — With that we will move on to administrative issues and concerns with Hal Simpson and Ken <br />Knox. <br />Hal Simpson — I think all of you should have available to you Eric's memorandum to the board, which <br />sets forth a number of administrative issues and appendix A contains some additional discussion --of some <br />of the administrative issues. I don't think I need to take up the public's time reiterating what you can read. <br />I Think I would point out a couple of things in order to determine if a call can be placed by a recreational <br />instream flow. If water rights not being met which means you need accurate measuring devices. To <br />measure flows from the stream we rely heavily upon a partial flume. Which can be properly maintained <br />and maintain its accuracy. We are talking about having to operate gauging stations at the head of the <br />r °aches where we have recreational instream flow water rights. Who pays for the operation, calibration, <br />and instrumentation? These issues to me they are important they are resource issues. If we are expected <br />to calibrate those, we don't have at that. We are fully loaded up. We operate 240 gauging stations <br />statewide now. So would need additional resources if these become a significant factor in Colorado water <br />law. An issue that has been mentioned but is important. When can a call be placed? What is reasonable <br />use? Is it when just a few recreationists are on the river or is there a clear definition to be obtained in the <br />decree of what'and when a call can be placed. Those are terms and conditions we would need. <br />Unadjudicated exchanges I think have preference. They can be adjudicated and recognized but they are <br />senior to the new recreational instream flow water right or do they have priority. I think that's <br />understood. Finally in our interstate compacts where consumptive use is the basis of allocation. Would <br />these water rights if located near the state line preclude our ability to develop our compact entitlements? <br />The issue has been raised and I raised it again because consumptive use is the basis of a compact and we <br />are precluded from using that water then I think that raises some important issues. The other issues I <br />think are indicated in the memorandum and with that I would really like to hear from the public. <br />Eric Wilkinson — Questions of Hal <br />Eric Brown — lets assume you have a hypothetical 200 -cfs right for a boat chute and there are a lot of <br />junior rights above it. How would you do that and without reaching the daylight hours. How would you <br />go about administering a call like that? <br />Hal Simpson First I would have to know that this right was not satisfied. So we would need adequate <br />measuring devices. That's in the stream some type of gauge that is accurate we assured that the called <br />water supply is not being met. Once the call is a legitimate call then we have to move upstream and <br />regulate juniors. But it's a twelve hour call you have to take into consideration lag time and when to <br />25 <br />