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<br />that stops anyone from ra~s1ng that level but would preclude a junior <br />decree from lowering the level. I don't see how minimum filing on <br />water in natural lakes precludes another to enlarge its capacity and <br />filing on the additional capacity of storage. <br /> <br />MR. BENTON: To clarify that, Dave,the Division of Wildlife ~ight . <br />object to an increase in lake levels on the basis of wildlife habitat <br />or something l:i,ke that. It's still the:same ball game as far as wat~r <br />rights are concerned. <br /> <br />MR. SPARKS: :Our only interest is in.maintaining the water at a certain <br />elevation. We have no r:i,ght to complain if somebody'wants to raise <br />that elevation. We can only complain if they try to lower it. <br /> <br />MR. FORD: It looks to me like it would be the senior appropriators <br />downstream that would be the ones to object to this. <br /> <br />MR. TRICK: That's a big problem. Somebody goes in and gives an <br />adjudication and by that injunction goes:through the court -- irrigation <br />season is: over. That's an old ball game. We played it many times. . <br /> <br />MR. FORD: Tqey can ,do it ',to:you right:now. <br />MR. TRICK: Well, that's'true., <br />MR. ~ORD:: Whether we have a filing, or whether we don't have a filing. <br /> <br />- <br />MR. TRICK: Well,: I disagree there. But the point. is what we're talking <br />about, what Mr. Benton brought out. rf I went in there and filed <br />because of their prior filing. Right now they don't have any prior <br />filings, not on my water rights or anybody elses. These are junior and <br />any additional filings also would be junior arid that's where they could <br />step.-in.' It's -the traditional distrust of the Fish and ,Game, not <br />personally, but generally. . <br /> <br />MR. ROBBINS: ,I was only speaking of the fact that you could enlarge. <br />the lakes.' I think the legislature vested the authority here because <br />of, as you phrased it, the traditional distrust of the Division of <br />Wildlife, if that in fact exists. <br /> <br />MR. ,SPARKS: In the future, we'r~ going to be the bastards. <br /> <br />MR. ROBBINS: In all candor, you have to understand the filings do give <br />the Water Board an ability to protect 'whatever right it has, just like <br />any other water user. That's why there is a filing. That's why we're <br />proposing filing on the lakes, so that if a plan were developed in tqe <br />future to either drain the lake or to do something to the lake that <br />would destroy its natural value, we could stop it. , <br /> <br />MR. BATES: I'm wondering how you can quantify this. I can see why <br />you need a reasonable amount, but sometimes these reasonable ,quantities <br />get carried away and first thing you know, running half the water down <br />the stream for the fish. How can you quantify this? ' <br /> <br />-28- <br /> <br />I <br /> <br />I <br />