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<br />~ <br /> <br />commented that in making his motion, he recognized the statutory <br /> <br /> <br />guidance that it is the intent of public policy to keep a minimum <br /> <br /> <br />amount of water available for public use. In the discussion it was <br /> <br />pointed out the reasonableness test had been supported and concluded <br /> <br />before~ter judges in several types of situations. It was ~lso <br /> <br /> <br />pmmnted out that in obtaining the filings, the Board still has the <br /> <br /> <br />option of deciding to what level they protect them.In over 1,000 <br /> <br /> <br />appropriations approved by the Board, there has only been one instance <br /> <br />of a court trial over the issue.In all other instances, the Board's <br /> <br /> <br />staff has been able to reconcile differences with the competing use.. <br /> <br /> <br />Mr. Danielson inquired about the filing procedure and whether <br /> <br /> <br />or not the recommendations of the Division of Wildlife are accepted. <br /> <br />In response Mr. Helton described the sight-tape method employed <br /> <br /> <br />by the Division of Wildlife and indicated that in 25xor 30$ % om <br /> <br /> <br />the instances,recommendations are reduced by Board's staff before <br /> <br /> <br />recommendation. He concluded by pmint~ng out that the Board has <br /> <br />the option of whether or not xx Max to exercise its right in the <br /> <br />future if conditions change. Mr. Vandemoer inquired about xHR how <br /> <br />the rights are defended with regard to proposed changes in senior <br /> <br /> <br />rights. Mr. Helton explained that it is the policy to try to accem- <br /> <br /> <br />~~(odate those uses in the application and toxtake into consideration <br /> <br /> <br />the individual siroumstances in any comment to Water Court which <br /> <br />could affect the Board's right. Mr. Helton commented that the <br /> <br />Board is involved in 5 or 6 cases of changes each month and that <br /> <br />they'd work out jointly in terms of conditions to satisfy both sides. <br /> <br />Mr. Kroeger called for a vote on approval of the final minimum <br /> <br />streamflow and minimum lake levels. The vote was unanimous. <br />