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<br />I <br /> <br />I <br /> <br />first. Assuming that that information is correct, let's take a look at <br />the minimum lake levels. Is there any comment or objection, other than <br />Mr. Burr's continuing objection, which we will note, in regard to the <br />minimum lake levels? First among the Board. Do any of the Board have <br />any problems with the minimum lake levels? <br /> <br />MR. BURR: I would like to ask a couple of little questions on the <br />deal. On these three acre-feet, I would like to know just what the . <br />average elevation is on those above twelve thousand feet, and if they <br />freeze solid in the wintertime, and why the Fish and Game is not <br />required the same as an individual to get the absolutely accurate <br />elevation together with the actual description of the ground when it <br />files on these to get the appropriation. Maybe Mr. Sparks could answer <br />those questions. This has kind of bogged me for some time. . <br /> <br />MR. SPARKS: You say the first question was directed to lakes with three <br />acre-feet and the question of whether or not they freeze? <br /> <br />MR. BURR: Yes, if that freezes solid in the wintertime and why it would <br />be considered a benefit to a fishery if it freezes solid, what the <br />a~erage depth is on that. . <br /> <br />MR. SPARKS: I would guess with three acre-feet, it does freeze pretty <br />solid, but that's not necessarily true. It depends on the depth and <br />the water moving through a particular lake. There's nothing in the law <br />which establishes fish life as a criteria for environmental protection. <br />There are other factors in a lake and a stream besides fish life. The <br />law doesn't even mention or does not require that it be a habitat for <br />fish. The law reads that these appropriations are to be made for the <br />preservation of the natural environment, whether that's fish, ducks, or <br />what have you. So a fishery is not the only criteria we use. It's <br />simply to perserve our natural lakes basically the way they are today. <br /> <br />Now, on the description, the matter of whether or not these are adequate <br />is a matter for the Water Court to decide. The courts are the agencies <br />charged with the responsibility for making the adjudication. That's up <br />to the court whether or not the filing is adequate. <br /> <br />MR. BURR: Thank you very much. That answers the question. <br /> <br />MR. STAPLETON: Any further questions on the minimum lake levels by <br />members of the Board? <br /> <br />MR. KROEGER: Mr. Chairman, I am going to startle Clarence, I think, by <br />jumping over to his side today. On page two of the group, there are <br />two or three mountain lakes with.which I am familiar. One of them is <br />Castilleja Lake up on the headwaters of the Florida River. The Division <br />of Wildlife indicates that that lake has two hundred and eighty-eight <br />approximate acre-feet capacity, and it shows on a topog map being eleven <br />acres of surface area. If my engineering is any good, that means that <br />lake has to be fifty feet deep, and I have snagged the bottom of it on <br />occasions. And I don't think I had sixty feet of line out. I think <br />that is probably no more than a hundred acre-feet at the maximum. But <br />be that as it may, that happens to be one of the four lakes in that <br /> <br />-15- <br />