Recreational Instream Flow Workshop Tanscription of Meeting Tape

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• R .! , Golden has. Golden has a large reservoir that's in Clear Creek County but it was in the context of resolution over the 6,000 acres that the City of Golden owns in Clear Creek County. Clear Creek County said no thank you very much we are going to downzone this to zero development and just basically take it for free as open space. So there is all these kinds of other issues that are out there for what's it worth. And that is the doggone truth as to what's going on here. Eric Wilkinson — We have got Joann in the back, Paul. Glen Porzak Well, that's fine and she knows darn well that that is what is going on. Joan Sorenson And I don't I beg to differ. There has been a court hearing on that issue it was not a down zoning and it is not 100% open space. And truly it's a land use issue that is unrelated to a water appropriating 100% of all the water in the river. Unidentified speaker from my perspective Glen and I had many conversations. And I think we could get creative on the water issue side and maybe take care of the upstream appropriators but its Golden that's tied it to the land use not Clear Creek. Mike Shimmon? It's too late you guys (laughter). The point being if there were no larger issues tjaat were out there. This thing, the water right issue would be solved. And that's an important thing to understand is that water right issues are capable of resolution. And they have been resolved between other parties. And you don't need to run in and get legislation because of one case, you know for what it is worth too, these points out the issues that I raised when dealing with these large instream flow water rights. You know Golden says that they are willing to settle and maybe allow Clear Creek to perhaps develop some water in the future. But unless we settle on the land use, then Golden holds t'-e key tc. *. e rest of the unappropriated water on Clear Creek and that's a big issue. Glen Porzak - That's not true there are a lot of options that clear Creek County has its just going to take money. You are going to have build reservoirs and do other solutions. Just like the people in Grant, Summit and Eagle counties do. Unidentified speaker If I could interject Eric. One thing I would like the board to keep in mind is that legislation will not affect the Golden case because it can't be applied retroactively. So any legislation will not resolve anything that is actually being discussed here in the Golden case. And what I would like to do is to ask Patty, if she thinks she could write legislation that answers this question. I mean the question of how much is enough for these kinds of uses. Isn't going to go away. Patti Wells that's exactly why it's not ....in Golden Unidentified speaker Someone has to answer the question. The problem I have is that I think I have enough experience with legislation to form my own opinion that it not a very effective forum for resolving those kind of issues. Because it does tend to be yeryy fact dependent. It depends upon the purpose for which the structures are designed and the manner in which they are designed. And it depends upon what kinds of events are being used. I mean just based on what I hear and I am not involved in the Golden case. But I can think of a dozen terms and conditions that could go into that decree that might help solve some of these problems. You know If they need the thousand cfs flow to hold a world class competition, 2 or 3 days each summer, that might be doable. That doesn't mean that it is every day 24 hours a day. There might be a lot, there's a lot of ground between a 1000 cfs and zero to be covered in the Golden case. And the same thing is true in every- other case. But they tend to be so fact dependent; I don't know how to write legislation that resolves all of those issues for the future. 35