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<br />to proceed to file on lakes and stream levels. The Water Board is <br />simply carrying out the direction of the legislature at this time in <br />this area. <br /> <br />I <br /> <br />MR. TRICK: Does it mandate, then, to do it, or does it enable them to <br />do it? <br /> <br />MR. ROBBINS: They're vested with the authority to do it. <br /> <br />MR. TRICK: I don't know whether he takes a position, but we've got a <br />letter from him that more or less -- if I interpret the letter -- that <br />his feeling is that they are mandated to do it. <br /> <br />MR. SPARKS: I think that we are mandated to do it, otherwise the law <br />is meaningless. <br /> <br />MR. TRICK: That's your feeling? <br /> <br />MR. SPARKS: Yes. Otherwise, there would be no point in passing the <br />law. Certainly the legislature didn't intend to pass a law stating <br />that we have the authority to do this and then just sit back and say, <br />''Well, we have the authority" but we're not going to do it." They <br />would just give the authority to somebody else. Perhaps, it would go <br />to the Division of Wildlife, for instance. <br /> <br />MR. ROBBINS: The idea behind putting the authority in the Water Board <br />was probably based on the legislative intent to have it in a body that <br />has all the water interests in the state in mind, instead of a specific <br />interest that you might find in some ,other area, such as Wildlife or <br />Parks. <br /> <br />MR. TRICK: Personally, I'm not challenging the fact that the board <br />shouldn't do it. My question is, does that law mandate or enab1e <br />that's my point. <br /> <br />MR. ROBBINS: <br />probably opens <br />answer? <br /> <br />It clearly enables and I would have to say that it <br />questions whether it mandates. How about that for an <br /> <br />I <br /> <br />MR. STAPLETON: I think by',the legislative history of this legislation <br />it was clearly intended that we were to carry out that responsibility. <br />Whether it says we're mandated by the statute or whether it was intended <br />by the legislature when they passed it, we don't intend to sit on our <br />hands on this. We expect to follow through as quickly as possible. <br /> <br />MR. STAPLETON: Yes sir? Would you give your name? <br /> <br />MR. BATES: Ed Bates. It doesn't keep you from going in there and <br />developing these lakes for storage, does it? <br /> <br />MR. SPARKS: It does not. <br /> <br />MR. ROBBINS: We're filing on a minimum level only. I don't see how <br /> <br />-27- <br />