Colorado Public Radio August 28, 2003

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to whether Colorado water. law allowed this in- channel recreational use. Now when the case first was filed, the legislature did adapt a new law to the Colorado water law by passing an in- channel diversion recreational statute that allows cities and public districts to make a reasonable appropriation for boating and kayaking, but it's subject to consultation with the Water Conservation Board. Dan Drayer: Well, the state has not heard the last of this case because of the time on the Supreme Court justices, there's more to be said here down the road. Justice Hobbs: Yes, and you know I just have to look about whether I can participate fairly at the time such a case comes up. I do want to point out the new statute provides guidelines. That statute wasn't in place for the time period where the court that split 3 to 3 had to decide the first cases that came through. But the result of it was there were three to four filings for recreational in- stream flow rights recognized as a result of that 3--3 tie because the Water Courts has recognized those rights. Our process is the Water Courts of the seven Water Divisions decide these cases first, then the come to the Colorado Supreme Court. [interview continues for an additional 2 minutes] Colorado Public Radio -Colorado Matters Show Host Dan Drayer - August 28, 2003 Excerpt of Interview with Colorado Supreme Court Justice Gregory Hobbs Page 3