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<br />interfere with eur decrees, if the diversions are in fact junier to the <br />decr~es. When these cases eccur, the only thing we can de is refe~ <br />them to the Atterney General and the State Engineer. This board has no. <br />enfercement authority with reference to these decrees, except that we <br />would be the complaining party if we do gD to. ceurt. <br /> <br />MR. ROBBINS: May I ask, Mr. Kroeger, is it the problem that yeu have I <br />junior decrees, junier to whatever they were, '73 or '74 rights, or is <br />it that the Bureau is not operating the project in accordance with the <br />operating criteria? <br /> <br />MR. KROEGER: I think both, yes. . But, Larry, let me ask this. If we <br />don't -- as we yeu say, have no jurisdiction to. administer thisfuing, <br />but if we don't ask about it being administered, why, then do we <br />centinue to make filings? <br /> <br />MR. SPARKS: We have a remedy.. The remedy we have is to. go to court. <br />Once a comp1aintihasbeen made, we refer the complaint te.the Atterney <br />General fer legal actien. We can take 'the legal actien necessary to. see <br />that these decrees,are observed. If that's the case. down there, I think <br />,we're obligated to do so.. <br /> <br />MR. KROEGER: Sam, if yeu say anything, you'll have to. sign the register <br />ever there., <br /> <br />MR. MAYNES: I'll do that. The thing that strikes me as strange here <br />in.terms ef the recommendatien of the staff and the Division of Wild- <br />life, for example, en Lightner Creek and Junctien Creek, is hew in the <br />werld you claim say, ten secend feet of water when Mr. Kreeger says <br />that in the winter time Lightner Creek is down to one second foet. <br />have the state in the same position proclaiming ten secend feet of <br />when there's only one second foot historically in the stream. Yeu <br />a little bit of a difference there. ' <br /> <br />We <br />water <br />have <br /> <br />MR. SPARKS: The state has never claimed that any fixed amount of water <br />is always there. All that the law allows us,to de is to get a maximum <br />that the decree is entitled to. Then ef that maximum amount we have to. <br />take what's available like every other water user in the state ef Colo- <br />rado. <br /> <br />A farmer may have a decree for ten second feet. He may en1y get ene <br />feot at times and he may not get anything at other times but that deesn't <br />make the decree ridiculous. These are en the same basis as any other <br />decree. There are times when this flow is there. If it's there, we <br />say it's necessary. .If it's net, we can't make water. <br /> <br />I <br /> <br />. <br />MR. MAYNES: I weu1d agree with that except fer the terms ef the winter <br />flows, Felix, you know, everybody understands, I think, that streams <br />flow strenger in the spring than they de the rest of the summer seasen, <br />but I den't think these f1uctuatiens in stream flew are necessarily true <br />in the winter. It becemes a critical problem in terms of the'greund . <br />water and augmentatien of that stream when you claim large ameunts of <br />minimum stream flews fer the winter seasen. You don't have any available <br /> <br />-46- <br />