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<br />Mr. Burr: Well. let's get the Supreme Court after it. You boys ought <br />to know how to do that. <br /> <br />I <br /> <br />Mr. Stapleton: The argument was made that it was unconstitutional to <br />the legislature. The legislature then considered both avenues. They <br />passed the law on the basis that in their judgment it was constitutional. <br />They can't pass an act if they know it is unconstitutional. They assumed <br />it was constitutional. I. for one. think you are entirely right. That <br />is going to come out in the court when it comes. And this happens in <br />a multitude of ways in the law. I don't think you should be upset about <br />the fact that the courts some day are going to decide that. If they find <br />you are right. then we have to go another way. If they find you are <br />wrong and I am wrong. then everything has been done that they intended <br />to be done. <br /> <br />Mr. Burr: I would like to hear from Mr. Moses to see what he thinks <br />about this Bill 97 whether it is constitutional or not. <br /> <br />Mr. Moses: I have already expressed myself. I thought you had to change <br />the constitution. but I agree with what Jimmy says and what Ben has said. <br />Now that the legislature has gone the other way. the only way you can <br />find how to proceed is for the courts to decide it. Now whether they <br />will decide it in this case or some other case. we don't know. It <br />depends on whether we have opposition in this case. whether they want to <br />spend the money to appeal it to the Supreme Court. There may be another <br />case where the facts are better for them. They will wait for that. <br /> <br />Mr. Burr: <br />ever since <br />years. <br /> <br />Well. the Fish and Game has been trying to get this through <br />I have been on the board. this minimum flow. for eighteen <br /> <br />Mr. Moses: They got it through the legislature. They succeeded with <br />the legislature. <br /> <br />Mr. Burr: I see they have. Thank you. <br /> <br />Mr. Stapleton: Are there any more questions? Hugh. <br /> <br />I <br /> <br />Mr. Pickrel: J have one question for Larry on Ivanhoe Creek. <br />would establish two second feet as the minimum flow. Now that <br />remain as you said before. junior to any other appropriation? <br /> <br />The filing <br />would still <br /> <br />Mr. Sparks: Yes. <br /> <br />-53- <br />