Recreational Instream Flow Workshop Tanscription of Meeting Tape

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application comes in for these types of rights that tends to maximize the use of stream. It tends to maximize the enhancement and the ability - to 4 ioat. - h -en application needsrto closel — scrutinized. We hear that Colorado Water law should be able to protect against the abuses of the system. I think with any new ranging into a new area we need to be very cautious. I think we need to closely scrutinize these large applications. We have hear of the havoc and the mischief that could be created by these large applications and just saying that Colorado water law will protect against them I don't thin is enough. I think we need to have the state through the SEO and CWCB be involved in these cases actively ensuring that all the questions are answered. We have heard concerns today about diversions 24 hours a day, whether you allow diversions for these when there is only one or a couple of people utilizing them. Just exactly how are they are they going to be administered in relations to exchanges and the likes. I think those questions need to be answered. I think with the next few cases it's the unfortunate task of anybody going into a new area of the law or proceeded on new facts but the burden is establishing good law and establishing your rights under scrutiny. I think the CWCB the SEO and the people out seeking these water rights need to understand that these are going to be highly contested cases for the next few years. And they are going to contested for good reasons and that is to protect the other water uses and to protect the right to have these kind of instream control devices without abuses. Because if we do have abuses we know that politicians are going to get involved and they are gong to control the rights. I don't think I have heard anyone here advocating that we want to jump right n an d try and find a political legislative solution for these issues. I just emphasize within the continuum of enhancement and reasonableness as a proposal extends father out capturing the flow of the river the entire flow of the river or ;he stream. I think it needs to be very closely scrutinized. I think Bill Brown can talk about the stipulations that were discussed and eventually entered into in the Littleton case. To ensure that existing rights and even future development along the South Platte was not unduly impeded by the Littleton flow. I really think that that's the approach that needs to be taken with applicants in these water rights. Joan Sorrenson – I believe that Mr. Zilis and Mr. Cole have covered the issues that came to the floor for Clear Creek County Commissioners. And I would just like to add the emphasis that we really believe we are looking at the long term future viability of our community not for any one specific purpose but as our survival as a community when we ask you to continue your concern over this issue. Bob Poirot- I am also Chairman of the Board of Commissioners in Clear Creek County. I am certainly no water attorney or anything like that. But I would like to ask for some common sense here, as Paul and Bob asked for. For the amount of flow that you would consider adequate. Do we really need a world class course. I don't thinks so not on a small river like that. At best we get a 1000 cubic feet per second down that river. And there is a lot times its so much less than that. Like this past summer late in the summer it was very little. I couldn't tell you what it was but it was much less than a thousand. Mr. Porzak indicated that he had been negotiating with these small towns. Yes in fact he had and we and Clear Creek County felt like that was not something that we should do because that wasn't the right thing to do. We certainly can't fight this thing as far as Clear Creek County is concerned to Supreme Court or wherever it may go to. But I think these small towns that he indicated. He is right about that they have given up that right to oppose that. But I think they did it because lack of finances more than lack of will to do that. I just asked you have we considered growth at all here. These counties, not only Clear Creek on this stream but any other stream up and down the state. These small towns have a plan for growth. They didn't apply for this water right. Because basically they didn't have the staff to plan for that sort of thing. And I would like for you to consider the fact that growth is going to go towards those small towns. Even though Mr. Porzak would indicate that Clear Creek County had no rights there he's basically true although we have some non - tributary type. But that doesn't mean that we are not going to need it in the future. And I would like you to consider that. 2