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5 <br />111 retained until it is determined how much would get there before <br />211 any of the flood is released? <br />3 MR. JESSE: It would have to remain there <br />4 pending the determination. We'd have to know whose it was, but <br />5 that decision would have to be made fairly soon to make sure <br />6 that in the event it was determined that the water belonged to <br />7 John Martin, that it would have to be released at such a time <br />8 that John Martin would receive it or it wouldn't have much <br />9 value, like we did in the Model case. But it would be determine l, <br />10 <br />I presume, if <br />the Corps ordered it stored, <br />the Corps would then <br />11 <br />be responsible <br />for deciding whose water it <br />was. <br />12 <br />MR. <br />COOLEY: No, <br />no, <br />not <br />-p- Now, that <br />last <br />13 <br />statement of yours® <br />Bob, seems <br />to me <br />to <br />be inconsistent <br />with my <br />14 <br />recollection of <br />your <br />previous discussions <br />going back <br />over the <br />15 <br />last couple of <br />years® <br />You don't mean to <br />say that if <br />the gates <br />16 are shut by the Corps of Engineers, that when that stored flood <br />17 is released, it is the Corps that determines who owns the water, <br />18 do you? <br />19 MR. JESSE: i will accept the responsibility for <br />20 any actions that I take, but I don't know if they can assign <br />21 me the responsibility for someone else's actions. we -- <br />22 MR. COOLEY: Well, hasn't the State of Colorado <br />23 assigned you that obligation by statute and by the nature of <br />24 your office? <br />25 MR. JESSE: We would certainly pursue any action <br />