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<br />BALCOl\IB & GREEN, P.C. <br />A'l"l'ORi"'OEYS AT LAW <br /> <br />We are also concerned that the proposed limitation set forth in Rule 5.61 (c) <br />constitutes an illegal foreclosure of water users ability to raise relevant issues such as the <br />balance between conservation and development. According to C.R.5. 937-92-102, the <br />purpose of allowing instream flows is to "correlate the activities of mankind with some <br />reasonable preservation of the natural environment." The limitation on issues to be raised <br />may prevent water users from raising the issue of the balance between conservation and <br />development. <br /> <br />We believe the process contemplated by the proposed additions and changes is too <br />cumbersome to allow for meaningful public input in the adjudication of instream flows. <br />Under this scheme, many water users will have no alternative but to accept whatever <br />recommendations are made by staff, and ultimately approved by the water judge. <br /> <br />Thank you for considering our views on this matter. Please contact me with any <br />questions or comments you may have. <br /> <br />Very truly yours, <br /> <br />BALCOMB & GREEN, P.c. <br /> <br />~ <br /> <br />" <br /> <br />e <br /> <br />e <br /> <br />Bykd;/- ;tatt<~ ilrt ~1It Itt:td <br />Scott Balcomb <br /> <br />~xandra L. Davis (via fax: (303) 866-3558) <br /> <br />xc: <br /> <br />e <br />