Recreational Instream Flow Workshop Tanscription of Meeting Tape

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curtail a junior when that impact would reach the instream flow right reach, so that timing becomes an issue and it can really raise some complex water administration issues. Bill Brown If you had this 200 cfs right, lets assume its there. Would you have to basically restrict more than 200cfs of upstream water rights to be assured of the flow? Hal Simpson I would not think so it would just depend on what junior was diverting and the curtailment of those. Would that produce sufficient water to meet the call? If it would not then we get into an interesting issues raised. Would the call be deemed futile? It s the minimum amount necessary to operate the boat chute isn't there should we curtail junior when there is no real benefit to the boat chute. So those are issues that we deal with every day. Whether its an appropriate call or not. Glen Porzak I would suggest that in this day and age a more likely scenario is someone is going to say can I operate a junior exchange? And the answer would be potentially no if the recreational diversion is not being met. So it's going to be a far easier administration issue. That's really the situation by and large that we will face. Given the state of water rights in the state right now. Hal Simpson On a junior exchange yes it would be clearer. I am not for sure in some cases that may be but in others especially Colorado River basin it's the ability to make a beneficial use. Glpn Porzak Its clearly in Clear Creek County its going to be the exchange issue. Eric Wilkinson — Any other questions of Hal? With that we will go into the public Comment, questions and discussions. We have got a list of eleven people signed up make presentations. Joan Sorrenson — I believe that Mr. Cole would like to have the opportunity to speak ahead of me. Mr. Cole I have a number of clients hold these rights and have applied for these rights and wish to hold them. And a number that are concerned with them for the same reasons that have been expressed here. I think Bill Brown is in the same position. We successfully advocated the clients that have received these types of recreation flows and we also have clients that are greatly concerned about it. I am here today representing the Clear creek economic Development Corporation. And that's an entity that provides for community development within Clear Creek County. Much like the CWCB has a dual mission, the Economic Development Corporation has many missions and community development is a broad sense mission. It includes economic development but also development of the community in any sense. Which includes providing amenities for the public and visitors by providing economic opportunities and the likes. And Certainly water is essential for many of these water uses out of the stream and water uses within the stream. The CWCB's role in overseeing maximum utilization of water in the state. I believe really does have a stake in these issues and has a stake to consider the issues today in this setting. It gives it a stake to consider the issues of a water court setting. And other settings. I think what we are proposing and advocate to my clients is a philosophy and that's a philosophy of reasonable limits and reasonable applications of the concepts that we are talking about today and those are the concepts of protecting other uses of acquiring uses for many different purposes. We heard about the flexibility of design for these course and I think we need to work with our own clients and scrutinize applications regarding that flexibility. Seems to me that you can design a course to be a world class course or you can design a course to provide adequate recreation. Seems to me that most areas where there is boating that is going to take place based on these rights. There was boating taking place before these rights were adjudicated. And if these rights have just enhanced that use. And that the level of enhancement has some reasonable limits to it. And that our role the role of my client is making sure that those enhancements balance with those other needs of the community. I think that part of the role of the CWCB. If an 26