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<br />Lj <br /> <br />vancy District~ commented that his district had brought suit on <br /> <br />that issue but had lost it in the State Supreme Court. He con- <br /> <br />eludes that future apprmpriators will be denied an official use <br /> <br />under such appropriations. In response Mr. McDonald disagreed. <br /> <br />His contention was that the Board's appropriations do not pro- <br /> <br />hibit future appropriations from being filed. Mr. Fischer agreed. <br /> <br />Mr. McDonald also pointed out that Board filings have no different <br /> <br />standing from any others if there is not sufficient flow in the <br /> <br />stream. He also clarified the extent to which interested parties <br /> <br />are consulted during the review process. He emphasized that the <br /> <br />\ <br />Division of Wil~life and the Division of Outdoor Parks an~Recrea- <br /> <br />tion are consulted as required by statute. Also Division Engineers <br /> <br />are notified as are County Commissioners and other public officials. <br /> <br />Mr. Kroeger inquired about the implications of appropriating <br /> <br />what appears to be the entire available flow in a stream particu- <br /> <br />larly with reference to individuals who have domestic or small <br /> <br />scale irrigating needs. Mr. McDonald commented that State appro- <br /> <br />priations xand the process of filing them is no different than <br /> <br />that which could be pursued by any individual. Mr. Robert Fischer <br /> <br />of the Denver Water Department commented that there KaRis one im- <br /> <br />portant distinction between a Board filing and that of an individ- <br /> <br />ual while the State appropriates for minimum flow purposes, an <br /> <br /> <br />individual is subject to tests of economics and feasibilitykven <br /> <br />with a conditional decree he must perfect the use in an economic <br /> <br />fashion. The State's filings do not have such considerations. The <br /> <br />statute requires protection of the environment to a reasonable <br /> <br />degree. That has been the basis for Board decisions. Mr. Jackson <br />