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<br />I <br /> <br />and then the fact that it is totally decreed makes it rather superfluous <br />to be filing another decree on behalf of the ,State of Colorado. I just <br />think if we are doing this with a lot more lakes that we are creating <br />some tremendous problems for ~he division engineer, which. are needle~s. <br /> <br />MR. KOCHMAN: I would say this, Fred, our position is if the Board <br />chooses to throw that out and not approve of it, we're in complete <br />agreement. <br /> <br />MR. SPARKS: Is the City of Durango actually drawing water from this <br />lake now? <br /> <br />MR. HELTON: No sir, they're not. So we thought we would probab;I.ygo <br />ahead with this recommendation, because the City of Durango probably <br />will never develop this lake. So we don't believe there is a conflict. <br /> <br />MR. STAPLETON: I believe Mr. Maynes has a comment on that. <br /> <br />MR. MAYNES: I want to ask Mr. Kro~ger one question. Is this one of <br />the lakes that spills over into the headwaters of the Florida? <br /> <br />MR. KROEGER: This is one of the four lakes that the city has its <br />appropriations on. <br /> <br />MR. MAYNES: So all those lakes flow over into the Florida River and on <br />down into the Lemmon Reservoir? <br /> <br />MR. KROEGER: Right. <br /> <br />MR. MAYNES: I assume then that under this appropriation that if it got <br />below the minimum level, the state would take some action to stop the <br />overflow? <br /> <br />I <br /> <br />MR. SPARKS: I think we ~ve to review again the basic premise. All' <br />the state would have would be a 1976 ~ecree and everything senior to it <br />would have to be filled. The people of the state get no special right <br />by any decree we get. It's only in this case a 1976 decree. It could <br />not affect the City of Durango or any other senior appropriator in the <br />San Juan Basin. There is no way it can affect them. It can only affect <br />the future appropriator who was junior to 1976. <br /> <br />MR. KROEGER: I think I understand that, Larry. But on the other hand <br />when the total capacity of the lake is already taken up by another <br />appropriator, what is the object of including this in the list? <br /> <br />MR. SPARKS: Because the other appropriator is not using it today. <br />Suppose the City of Durango never develops this and another appropriator <br />comes in next year and files on it. There is nothing to keep somebody <br />from yoing in there and filing today and taking that water. Durango <br />doesn t have the right to take water if they can't use it. And they're <br />not using it today. So we would be the second decree holder. We would <br />be a junior user and in that event we have the right to use it subject <br />to the prior rights of the City of Durango. . <br /> <br />-17- <br />