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<br />Mr. Chairman, thank you. <br /> <br />, - <br /> <br />MR.. STAPLETON: Can we have some connnent from the staff about West <br />Creek and East and West Brush Creeks?~ : <br /> <br />- . - <br />. ... . ~ <br />MR.. KOCHMAN: Mr. Chairman, members of the Board, I'm Eddie Kochman <br />here today representing .the Division .0f~Wildlife. - <br /> <br />I <br /> <br />- <br />, . - <br />I'd like to respond to Brush-:-Creek first. I can't answer, the Board. <br />now if that's return flows or not. I can tell you that it does <br />support:a fishery. To-our":'knowledge:itdoesn't dry up; and we <br />consider it to be a pretty:important and viable fishery and:recre- <br />ational stream. . . <br /> <br />We made that recommendation on Brush Creek at the same time:we were <br />making recommendations on East and West Brush Creeks. We felt that was <br />appropriate then, and we still feel it is appropriate. <br /> <br />~ ~ <br />. . - - <br />If the Board feels it's necessary to further evaluate that and ~ - <br />determine if it is instream recharge of irrigation flows, we think that <br />that would probably be very appropriate, but. at.' the present: time it is <br />a fish~ry. <br /> <br />- . <br />. - - - - .. . <br />Concerning West Creek, we recognize,.too,cit's:a very.over-appropriated <br />situation, and while it is probably a marginal fishery, it is a fishery, <br />and we also consider: it of importa~ce, and we felt that a decree on <br />West Creek would be of value in protecting that situation. <br /> <br />~ <br /> <br />~ . ~ . <br />Again ~king:respon~e to the:Board, if you feel it necessary-for <br />further evaluation, we certainly would agree with that. <br /> <br />MR.; SPARKS: :1 might: further add, Mr. Chairman, that where-the water <br />comes from is not.really material(whetherit's return flow, .or what-- <br />ever the source is, as long '.as ites: in-:-the stream; All .of our streams <br />are .used-continuously; Almost every appropriation: in the-state depends <br />to a great,extent.upon return .flow~ <br /> <br />, <br />. - <br />The serious problem that's been raised by Mr. Fischer is, there are. <br />existing practices of exchanges which have not been formalized in <br />court.'Ithas pe~n:our practice now for:several years to recognize <br />those practices by stipulation. <br /> <br />Mr. FischeJ;, where that situation exists; we're willing to stipulate <br />that:certain exchanges take place_and they should be .allowed to <br />continue in the future. That's been a -long policy of this Board to <br />do everythi~ within our power to keep from interfering with existing <br />uses.:'" ')- <br /> <br />., - <br />, . . <br />I think we can answer your objections on that point by stipulation, <br />if you so desire. Otherwise, I think the appropriations should go : <br />through-:-as we have recommended. <br /> <br />I <br /> <br />MR.. MOSES: We've run into this business <br />has indicated, a number of times before. <br /> <br />of exchanges, as Mr.. Sparks <br />I would recommend strongly to <br /> <br />-6- <br />