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25 <br />1 situations where they night exceed the blanket 30 percent which <br />2 the present decree enjoins. <br />3 1 believe that my company would urge the Division <br />4 of Wildlife and also the Compact Administration to at least <br />5 study the possibility of constructing the third gage and do so <br />6 with an open mind, red®gniiing that since the time the original <br />7 decree was issued, these loss factors have become more important <br />8 on the operation of the river and we have an entirely different <br />9 situation than we had in 1968„ <br />10 Thank you. <br />11 MR, COOLEY: Thank you, Bill. <br />12 MR. HELTON: May I respond somewhat? <br />13 MR. COOLEY: Please do.. <br />14 MR. HELTON: If the issue of the third gage is <br />15 raised, as I suspect it will be, and if my opinion is requested, <br />16 1 will advise the Commission to go ahead and construct the <br />17 third gage on the condition that you do away with the 30 percent <br />18 loss. It seems to me that if you construct a third gage, then <br />19 you ought to charge actual losses, whatever they may be. <br />20 MR, HOWLAND: I agree. <br />21 MR, COOLEY: We don't want to approach pending <br />22 litigation, but this third gage was the subject of much <br />23 discussion on the field tour of the Muddy Creek and it was <br />24 apparent, at least to one untrained observor, that there was <br />25 a lot to be said for the third gage, the one that you have <br />