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Summit Daily News for Breckenridge, Keystone, Copper and Frisco Colorado - News Page 2 of 2 <br />of the existing recreational water rights have had any impact on upstream water users. It's not clear exactly if, or <br />how often, the exercise of those rights has resulted in curtailment of an upstream water right, he said, explaining <br />that such infonuation would be useful to the CWCB in its administration of stream flows. <br />Critics pan study <br />"This is a wolf in sheep's clothing," said attorney Glenn Porzak, who has represented mountain communities <br />like Breckenridge on recreational water rights issues. Porzak said existing court rulings and legislation provide <br />all the guidance needed to administer the recreational flows. <br />In a set of talking points issued to bolster the argument against the CWCB study, Porzak's law fine claims the <br />CWCB has demonstrated a "huge bias" against recreational flows by opposing every RICD claim. <br />Last year's Senate Bill 37 on recreational flows limited the CWCB's authority over the flows, and Porzak said <br />the latest study proposal is directly at odds with the legislation. By "undermining the comity and compromise <br />struck in the last legislative session," the latest bill could spark another legislative battle, Porzak said. <br />According to Porzak, the CWCB has no role in determining the "reasonableness" of flow rates. Under SB 37, <br />that authority is specifically reserved to the water court, and each case must be looked at individually. <br />"This new funding request is more of the continuing effort by the CWCB to spend public funds to develop <br />another report that will be used to oppose the efforts of local governments to obtain RICDs," Porzak's firm <br />wrote in its memo. <br />Bob Berwyn can be reached at (970) 331 -5996, or at bberwyn @summitdaily.com <br />BACK <br />http: / /www.summitdally.com/ apps /pbcs.dll/ article? AID= /20070206/NEWS/70206007 &tem... 2/9/2007 <br />