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<br />1 <br /> <br />\ <br /> <br />I <br /> <br />Now, maybe Duane Helton knows or - I don't think I have answered vour <br />question, Herb, but that is the best I can do. <br /> <br />Mr. Vandemoer: No, I don't think so. All right, take Midway Creek at <br />2.5 year round below Fryingpan-Arkansas project. <br /> <br />Mr. Fischer: I believe that is in the criteria. Isn't it, Felix? <br />That is in the legislation. <br /> <br />Mr. Moses: Let me speak to that because I do know about that. The <br />amounts on Hunter Creek and its tributaries are specified in the <br />operating agreement for the Fryingpan-Arkansas project. The purpose <br />of these applications, as I understand it, is to protect those flows <br />and let them reach the Roaring Fork instead of being diverted by someone <br />in the future. <br /> <br />Mr. Fischer: That's right. <br /> <br />Mr. Vandemoer: Okay, so what you are talking about then Rolly, is the <br />Crystal River up above. You have no complaints with Hunter Creek? <br /> <br />Mr. Fischer: Well, we have no complaint with those that are under the <br />Fryingpan-Arkansas project. We have already agreed to those. And the <br />others, as I understand from the comment this morning, the Gore or <br />Black Gore are going to be reviewed at a later meeting of this board. <br />I think our comments today run pri1llarily to the Crystal River. And <br />as I say, we do have differences of opinion among the river district <br />counties and the river district directors on this question. <br /> <br />Mr. Vandemoer: Do you worry about the same thing as the Poudre worries <br />and 1 worry about on the Lower Platte on the change of point of diver- <br />sions? <br /> <br />Mr. Fischer: The change in point of diversion by a senior definitely <br />hangs us up because of the question of a junior being entitled to rely <br />on the stream regimen as it was when he made his filing. <br /> <br />Mr. Moses: From a legal point of view, I don't think there is any <br />question about it. The principle is well established that the junior <br />appropriator has the right to maintenance of the stream. That was one <br />of the primary purposes that the legislation was passed. But I don't <br />think there is any legal dispute with the fact that if the state has <br />a minimum flow on the stream, if the law is consitutional, that a <br />senior cannot change the point of diversion which would adversely <br />affect the state's junior water right. <br /> <br />Mr. Vandemoer: But see, Ray, this is where it is so hard to sit down <br />in a conference. I like to fish and I like to hunt, but I don't see <br />how we sit down and we take a man's word today on that thing. In <br />other words, how do you sit down in a conference and resolve the matter? <br /> <br />Mr. Moses: You can put anything in a decree if the parties agree. <br /> <br />Mr. Stapleton: I am not convinced and I don't think any of the board <br /> <br />-24- <br />