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<br />I <br /> <br />I <br /> <br />The federal government is claiming'now in effect minimum stream flows <br />in all of the mountain areas. In all the pending court cases the <br />federal government is requesting the court to establish flows for <br />environmental, fish and aquatic values. We are faced with this whether <br />we do it or not. The federal government is going ahead. I think it <br />behooves us to try to get some voice in the matter. <br /> <br />~~. Stapleton: What's the standard for the court to determine whether <br />the stream flow is reasonable or not? <br /> <br />Mr. Sparks: That's a good question. It requires a thorough research <br />into the fish and aquatic life on any stream and a lot of research <br />into the fluctuation of the stream. We have done this now in several <br />cases in Colorado. It is based upon primarily the research done by <br />biologists on fish and aquatic life. It is not too difficult, although <br />it is time consuming and expensive. <br /> <br />Nr. Vandemoer: I>1r. Chairman, could I ask a question? <br /> <br />14r. Stapleton: Yes, ~tr. Vandemoer. <br /> <br />l'tr. Vandemoer: Larry, what would be your definition of a perennial <br />natural stream? <br /> <br />~tr. Sparks: A perennial stream has a flow on a year-round basis. <br /> <br />Hr. Vandemoer: That is as of today? That is as of this time in history? <br /> <br />Hr. Sparks: Yes, it is not difficult to classify perennial streams. <br /> <br />14r. Vandemoer: Is the South Platte a perennial stream? <br /> <br />Mr. Sparks: Yes. <br /> <br />~tr. V?ndemoer: Even in August? <br /> <br />i4r. Sparks: Even in August. What we are primarily concerned with <br />are the parts of the streams in the mountain areas. This is where it <br />is critical. We are generally talking about areas above 5,000 feet <br />in elevation. <br /> <br />Mr. Moses: Hr. Chairman. <br /> <br />Hr. Stapleton: t.1r. Hoses. <br /> <br />-22- <br />