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<br />I <br /> <br />I <br /> <br />Mr. Kochman: My name is Eddie Kochman. also with the Division of <br />Wildlife. What we did on Badger Creek was actual flow measurements. <br />We made a determination both at the confluence of the Arkansas and at <br />the headwaters where the spring originates. When we made that judgment <br />of 3 cfs we felt that we needed 3 cfs to maintain the fishery. We do <br />have data and as far as answering your question just how far. how much <br />detail that you would want to look at, I don't know. On this particular <br />case there was a representative of the Water Conservation Board that <br />also participated. which made it exceptionally good. So just exactly <br />what question you might have to be specific, maybe I can answer it if <br />you do have one. <br /> <br />question was. this is a live spring that is <br />There are no filings or anything on that at <br /> <br />Mr. Pickrel: Yes. my only <br />coming into the Arkansas. <br />the present time? <br /> <br />Mr. Kochman: Yes. there are some filings. The primary source of water <br />on the headwaters is the spring, a relatively large spring. It is a <br />very unique fishery. It is a spawning stream for large brown trout <br />coming out of the Arkansas. It is a very productive stream which makes <br />it so unique as a fishery habitat. There is a legal right for water on <br />the lower end, an agricultural right. The decree is protected as Mr. <br />Moses has pointed. I am sure that we are far junior to that right. <br />There is a good deal of BLM land and Forest Service land that it flows <br />through. However. the spring itself originates on private land. <br /> <br />Mr. Ten Eyck: Mr. Chairman, I appreciate the concern but somehow we <br />have to get our board to understand that we don't hurt senior decrees <br />with these actions. We can't! Everybody is worried about what we are <br />going to do to the South Platte. what we are going to do to the Arkansas. <br />We can't hurt anybody. The law won't permit us to. If we could get <br />over that little hurdle that we all have sort of a hangup on. We just <br />aren't ~oing to hurt anybody with it now. We may in the future. But <br />we aren t going to hurt any prior appropriators in any way; there is <br />just no way. <br /> <br />Mr. Vandemoer: I would like to argue with Tom's comment. Tom. I think <br />you could hurt somebody. If this man on Badger Creek has some land <br />upstream on Badger Creek and he would like to make a change in point of <br />diversion and move his right, he could be hurt. <br /> <br />Mr. Ten Eyck: In the future you can hurt him, but you can't hurt his <br />existing use. <br /> <br />Mr. Vandemoer: If you do this, you hurt him. You can't move it after <br />that. <br /> <br />Mr. Ten Eyck: Well. that is his problem, sure. But we are not going <br />to take anything away from him. <br /> <br />Mr. Vandemoer: Well, you have taken his water right away from him. <br />You made it so he cannot move his water right. <br /> <br />Mr. Ten Eyck: Yes, but how are we going to anticipate everybody's <br /> <br />-40- <br />