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• <br /> I <br /> Trujillo: Mr. Pope? <br /> Pope: You're talking about just different language, Steve? <br /> Witte; No, I think, it's a different principle ... as I understood ... what I'm talking about <br /> I is if Colorado, say the Division of Wildlife, were to establish a water right through <br /> appropriation ... appropriating water as it entered John Martin Reservoir to be <br /> I placed or added to the permanent pool ... would that overcome your concerns <br /> about the apparent ... any concerns of conflict with the 1976 Operating Criteria ... <br /> would that be a more acceptable proposal?This would be water.that would <br /> I otherwise spill and so be consistent with the proposed resolution presented here <br /> today. <br /> 1 Trujillo You want to comment on that, Mr. Pope? <br /> Pope: Well, I ... perhaps,but I ... if you're saying, Steve,that inflow somehow would be <br /> credited directly to the permanent pool under a ... essentially a brand new <br /> Colorado appropriation ... is that the principle that you would be describing? <br /> IWitte: Yes,through a right established by appropriation. <br /> Pope: Well ... That may have more implications or concerns than the other alternatives, I <br /> Idon't know, but how would that be implemented? What's the process to do that? <br /> That just essentially automatically happens, or there is a decree ultimately required, <br /> Ior what's the process on that? <br /> Witte: This is Steve Witte, and probably I ought to allow one of the Colorado attorneys <br /> to articulate it,but the process as I understand it would be the formulation of an <br /> intent to take and control water that is otherwise unappropriated and place it to a <br /> beneficial use, which in this case would be for the purposes of the permanent pool, <br /> Iwhich I think are fisheries and recreation? <br /> Trujillo: Do you care to comment on that, either Wendy or Lee? <br /> IRolfs: Mr. Chairman,this is Lee Rolfs. I'm still not sure I'm following you, Steve, as to <br /> how this water right ... they have to make some sort of application? Is some sort <br /> I of approval necessary, some sort of court decree? How would this be established? <br /> Can they just go out and do they do it under Colorado law? <br /> I Weiss: Lee? This is Wendy. Under Colorado law, if there is a free river, someone can <br /> simply make an appropriation by diverting the water to beneficial use without <br /> obtaining any approval. If they want to have an administratable right that would <br /> Ihave a priority date,they then need to go to water court and have it adjudicated, <br /> G:\ARCA\STINGS\1999\SF6149i9A revl.wpd <br /> 12 edited:December 13,2004;printed:December 13,2004 <br /> 1 . <br />