Recreational Instream Flow Workshop Tanscription of Meeting Tape

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r d ' that flowed through them. And they are now turning to face them full on. I think that the issues that under discussion are extremely complex. I don't think that the thought piece does justice. And I think that that is a document that does have a bias to it and leans in a direction that would suggest or might create a second class form of water right for these recreational instream flows. I think the complexity is suggested in Eric Kuhn's comments I think in some of things Glenn Porzak had to say, and certainly in Kelly Custer's presentation. I hope that the CWCB will not take action now or in the near future that would create or lead inevitably to a second class water right. In place of action now I think the board should really contemplate the creation of a forum, a stakeholder forum, that reflects the broad range of interests that we heard about, and the complexity of these issues that we face. I think that suggested by Kelly I think it was suggested others who spoke. I would also like to offer my own hypothetical if you will. Let's suppose that we can think of a circumstance where the existence of a recreational instream flow water right exercised near the state line or some place else would lead to economic benefits broadly distributed in the state that would be 100 times greater than any other use of that water. That if there were in the future a contemplated uses that was superior that that «ater right could be converted to that use. But it would be prohibited by action now that would either or deny the existence of a recreational instream flow or would make it prohibitively expensive to put it in place. Let's suppose that the exercise of that water right was not based upon some °dubious concept or was diabolical or duplicitous. But was a straightforward effort to accomplish a need. The one thing that the exercise of this water right mig})t do would make it impossible at the time for Colorado to exercise the full use in consumptive terms of its compact entitlement. Is that something we would want to do? Would we want to cut off our nose despite our face? I hope not. I can't provide the details on such a hypothetical at the moment. But it's at least as worthy of consideration. The hypothetical we heard earlier today. David Nickum — Instead a lot of talk about recreational rights I do want to reemphasize that structures geared at fisheries are also part of this debate. Things like fish ladders. And that the recreational instream flows are uses that the public wants. The city of Fort Collins would not be putting water on the Poudre Rive right now if its publics didn't see a benefit form the money and the effort that been spent on protecting a river. It's more than just quality of life there is a big economic effect here. Fishing is a very big business. The most recent statistics I saw are from 1996 in the state and the economic impact of fishing in Colorado is 1.3 billion dollars. That's a very economic statement in this state. As you hear from people far more eloquent than I we have got tools to address some of the concerns and problems that have been raised. If somebody is vying for this kind of right and its speculative that is hinders an existing use I wold also add that it could injure the natural environment that you are protecting with one of your instream flow rights. Those are all issues that could raise and address through water court. I would encourage you to look at those tools rather than looking to create a second class water right. I am not trying to forget that an instream structure should be given more favorable treatment. Simply that it should be on equal standing with any other water right. Because those are uses that are also valuable to the state just as any other use. Julie Burns — Competition director for Colorado Whitewater Association. I would just like to address the economic impact to boaters. Personally I have lived in Colorado since 1982 and I had not, I think I took a brewery tour soon after I got here. I hadn't been to Golden between that time and the present course opening. Since the course opened I have been to Golden at least once or twice a week as long as the water is running decently. And every time I am there I am eating dinner, buying gas, doing stuff. Marty many people like myself. The only reason that I don't go more often is that I drive form the Tech center during the rush hour and I just can't do it. Anyway dozens of people out there every -night after work. We are all spending money. Eric Wilkinson — Now I guess its more discussion time. Lets take a break for ten minutes. 32