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<br />I <br /> <br />I <br /> <br />engineering, then we're being made a bunch of fools. And I don't <br />think it's very smart of us to.accept it until they do their homework. <br /> <br />MR. HELTON: Mr. Kroeger, on our decrees, we show only an estimated . <br />capacity and we specify that the actual capacity is that capacity which <br />is controlled by the natural outlet of the lake rather than "X" number <br />of acre-feet. . It depends on the outlet of the lake. <br /> <br />MR. SPARKS: The acre-feet here are not material to these decrees what- <br />soever.The decrees are based, as Mr. Helton stated, on the natural <br />outlet of the lake. That elevation determines the amount of the decree. <br />If there is any problem with it, we could go back in with more detailed <br />surveys. One of the problems, of course, is that this gets extremely <br />expensive. A boat would be required. <br /> <br />MR. KROEGER: A helicopter. <br /> <br />MR. SPARKS: You have to have somebody to hold a rod. You take a boat <br />and put a rod at various places on the lake and you take a shot on it <br />from the bank. We can do it. But it doesn't make any difference as far <br />as the decree is concerned. The decree, again, is governed by the <br />natur~l outlet, whatever elevation that is. <br /> <br />MR. STAPLETON: :1 presume 'the Division of Wildlife is taking a practical <br />approach to what the acreage is, and I certainly wouldn't recommend a <br />large expenditure of money to determine whether it's two hundred and <br />eighty-eight acre-feet as opposed to two hundred and fifty. I don't <br />think it would justify it. There is no need for that accuracy, and I <br />understand it, in the proceedings that will carryon from this time on, <br />if we approve these minimum flows. <br /> <br />MR. SPARKS: In any event, the court decree is the determining factor. <br />We are only preparing a petition for the court. The Water Court <br />determines what'evidence is re1uired. If the Water Court directs that <br />we do additional work, then we 11 have to do it. <br /> <br />MR; SHERMAN: Just so I understand, are you saying the elevation is the <br />critical factor here? <br /> <br />MR. SPARKS: The natural outlet of the lake is the critical factor. <br /> <br />MR, SHERMAN: I guess I would like to ask Freddie: Is there any <br />question on that factor? Is the accuracy of the elevation correct or <br />incorrect? <br /> <br />MR. KROEGER: I think that is an approximate elevation. I don't know <br />that that is important to me. The natural outlet, I think, does make a <br />determination that probably the state can't exceed. But I still question <br />on an eleven surface acre lake how you could get two hundred and eighty- <br />eight.acre-feet of water in that thing without having an extremely deep <br />lake. And this is not that kind of a lake. I think we deserve some <br />degree of accuracy, even on this kind of a situation. <br /> <br />MR. FETCHER: I would like to ask Duane, who apparently has worked with <br /> <br />-19- <br />