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33 <br />1 <br />this case, the Wildlife Commission -•- <br />would have <br />the obligation <br />2 <br />to come forward and sustain its burden of proof that that party <br />3 <br />had not been injured. As a practical <br />matter, it <br />would be very, <br />4 <br />very difficult, I think, to show, that <br />somebody's <br />been injured <br />5 <br />1 until such time as the right has been <br />exercised. <br />of us believe, <br />6 <br />MR.:COOLEY: Yes. <br />One question of <br />you or Duane, <br />7 <br />either one of you. What does the <br />decree say with <br />respect to <br />$ <br />1 the number =and location of gaging <br />stations within <br />the decree <br />9 11 itself? <br />10 <br />MR. <br />HELTON: <br />Two -_. gages as described by Bob Jesse <br />11 <br />MR, <br />COOLEY: <br />Then, our discussions -as to the <br />12 <br />desirability of the third <br />.,gage were -- certainly without the <br />13 <br />third -=gage is not <br />within <br />the text of the decree, whether it be <br />14 <br />desirable, as some <br />of us believe, <br />or not. <br />15 Does anyone else want to say anything with respec <br />16 to the Muddy right? <br />17 Now, with respect to this afternoon's agenda, I <br />18 am going to touch again on the Corps of Engineer's designation <br />19 of the 5,000 cubic feet per second measure at Avondale as being <br />20 the flood stage of the Arkansas River and I think that I have <br />21 asked, on your behalf, the Corps of Engineers to look at that <br />22 and they have agreed to look at that but they privately have <br />23 been candid enough to say that, yeah, it was in sequence, and <br />24 at the rate they were going, in another 20 years they'd get to <br />25 it. 1 think we might want to discuss that this afternoon as <br />