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<br />I <br /> <br />I <br /> <br />MR. KROEGER: Mr. Chairman, I would like to ask one more question, if <br />I might. <br /> <br />MR. STAPLETON: Go ahead. <br /> <br />MR. KROEGER: I have supported the m~m.mum flows on lakes and rivers <br />and I don't feel I need to apologize for my record. I think I have <br />expressed myself many, many times. The concern I have today is <br />basically one of accuracy anq not just doing a sloppy, haphazard manner <br />of going into this. I want to specifically ask at this time about some <br />of the streams within the San Juan Basin. Junction Creek, I have lived <br />on it for more than fifty years and Junction Creek dries up every <br />winter. I am not aware of any winter that Junction Creek has not <br />totally dried up. They ask fourteen point two second feet of minimum <br />flow. Excuse me, fifteen. What impact does that have then if someone <br />wants to drill a well? This is on the suburbs of Durango. It's not <br />a farm area, it's a residential area. If someone wants to drill a well <br />on that creek, there is summer water to do it with, but I don't think <br />there's any winter water to do it with. And they have fourteen feet <br />minimum flow, it's going to show zero minimum flow and the fellow asks <br />for household use, is that right going to be denied? Does that mean <br />any further development on that stream in the way of residential <br />buildings is stopped? <br /> <br />. <br />MR. STAPLETON: Who wants to answer that first? (Laughter) <br /> <br />MR. ROBBINS: Well, I hate to speculate at this time. Maybe Mr. Moses <br />might have an answer. (Laughter) <br /> <br />MR. MOSES: I am older than Dave and I don't mind speculating. I am <br />satisfied the State Engineer will take this decree into consideration <br />in making his judgment as to whether or not there is water available <br />for appropriation. We're kidding ourselves if we don't take that <br />position. I don't know what his position has been up to this point on <br />granting domestic well permits in the Junction Creek drainage, but I <br />think it's just that much less chance that he is going to grant a well <br />permit once this decree is granted. You know, the alluvium is just the <br />same as part of the stream. If you've got an additional decree on the <br />stream, it's bound to have an impact on the State Engineer's assessment <br />of whether or not there is water available for appropriations. That's <br />the criteria he uses. If he's got thirt~-five acres, he can get a <br />well, but if he's got less than than, he s got a problem. <br /> <br />MR. JACKSON: Mr. Chairman, could I ask a question along the same line? <br /> <br />MR. STAPLETON: Yes. <br /> <br />MR. JACKSON: It would seem to me, Mr. Robbins and Mr. Moses, that <br />probably as a condition.of any change of point of diversion or other <br />changes, but that one primarily from now on, that the power of the state <br />with this junior decree will probably demand some portion as tribute to <br />make the stream a little better than it was where we've got these dry <br />sections of the river; and that there will be a penalty perhaps over and <br />above the penalties that now exist for point of diversion. If that <br /> <br />-3l- <br />