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<br />I <br /> <br />MR. SPARKS: Yes. The law prescribes a m~nll1lum level and that's <br />established by an elevation. We can determine elevation, so it's the <br />elevation that determines rather than precise capacity. Whether the <br />capacity is exactly correct or not is rather imateria1 because it is <br />only a junior decree. This would be a 1976 decree and therefore junior <br />to all water rights in Jackson County now in existence. There is no. <br />way that this decree can be made senior to anything already in existence. <br />The water will come down the way it 'always has. I don't know about the <br />beaver dam. Do you have something against beavers? <br /> <br />MR. MEYRING: No, but is that a lake? It's not a pennanent structure. <br />I've seen beaver dams wash out. <br /> <br />MR. SPARKS: I've seen lakes wash out too. There's nothing pennanent <br />about any lake. All lakes die, sooner or later, and new ones are <br />created. <br /> <br />MR. TRICK: May I ask one question? My name is Carl Trick. If you're <br />talking about levels of lakes at an elevation, then why are you des- , <br />ignating how much water is in this lake? Why are you just filing on a <br />lake at this elevation and forget about capacity? <br /> <br />MR. SPARKS: <br />the decree.. <br />water. <br /> <br />Because an approximate capacity is useful in identifying <br />But the determining factor will be the.e1evation of the <br /> <br />MR. TRICK: Then while I'm on my feet -- and we have sent Mr. Stapleton <br />a letter stating our views -- and I would like to reiterate this section, <br />and I would like to read it with your permission, Mr. Chainnan. <br /> <br />"It is felt by this board that it is imperative prior to seeking any <br />minimum lake level appropriation, that the state be required to conduct <br />an actual survey of the minimum level of the lakes. It is an essential <br />prerequisite that this survey establish the minimal appropriations by <br />a metes and bounds survey of the high water mark at the minimal level." <br /> <br />When we are talking about lake levels, not the level of height at <br />elevation, but level of water in the lake -- are you talking about <br />elevation altitude when you're talking about levels? <br /> <br />MR. SPARKS: When you describe water levels, you have to describe it in <br />terms of elevation. I don't know of any other way to describe it. <br /> <br />MR. TRICK: <br /> <br />Well, okay. <br /> <br />. . <br /> <br />I <br /> <br />"That the state be required to conduct an actual survey of the m~n~mum <br />level of the lake. It is an essential prerequisite that this survey. <br />esta~lish the minimal appropriation by a metes and bounds survey at high <br />water mark at the minimal level. Colorado Water Conservation Board must <br />be assured that this survey delineates accurately the minimal levels <br />and not the highest level of the lake to insure that water would not be <br />impounded in the lake and to the detriment of downstream users." <br /> <br />-23- <br />