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<br />I <br /> <br />I <br /> <br />aquatic life in the stream, and I den't remember what the number ef <br />feet was. It seems like it varies from time to. time. And I think <br />this prebably bethers me as much as anything, when yeu say yeu need <br />five feet er ten feet or twelve feet er whatever, and yet you enly <br />apply for ene er two. or three. I feel. that this was the eriginal <br />thrust of this legislation, to maintain an adequate stream flow to <br />keep the aquatic life, namely fish, alive in the stream. And if the <br />stream dries up, ebvieus1y the fish are going to. die, or if it gets <br />down to. one er two feet, it seems like an exercise in futility te.keep <br />trying for this, whereas what Fred's talking about is some ef these <br />larger rivers that are obvieusly not geing to dry up. <br /> <br />MR. KOCHMAN: I can understand yeur concern. But semetimes the small <br />tributaries are very impertant. One secend foet can maintain a <br />fishery. The important tributaries to. a stream like the La Plata which, <br />by the way, Fred, we had a recommendatien en the La Plata. We sat down <br />there and listed the cencerns fer the Bureau of Reclamatien trying to <br />cempromise, and the divisien agreed. So. then we back eut ef the main <br />stem. The tributaries are important, Jehn, and I think why we make a <br />recommendatien ef ene second feet is because we believe that it will <br />maintain a fishery in that small stream. <br /> <br />MR. BENTON: In ether words, it varies from stream to. stream. There <br />is no. iron clad rule? <br /> <br />MR. KOCHMAN: We made some recommendatiens before the board in <br />September en some of the Denver Water Board preposed diversiens. We <br />had some ene cfs recemmendations. It was discussed between us and the <br />Denver Water Beard, and we could not justify mere than ene cfs, but <br />there are fisheries there. There are preblems with a bielegist geing <br />to. the Crystal River and making a recommendatien that he can defend <br />and be reasonable, in centrast to. a tributary on the upper part of the <br />Crystal. Semetimes we don't have the benefit ef gaging recerds. If <br />we always had gaging recerds, we could sit dewn with a boek and go <br />threugh and make seme recemmendatiens. We ceuld all sit and leok at <br />the data and have agreement on what is reasenable. We had one hell of <br />a time in develeping the methede1egy. We are'nt perfect, but we're <br />doing the best we can. <br /> <br />MR. KROEGER: Ralph, did yeu want to make a comment? <br /> <br />MR. ADKINS: If I may, and I'll sign the paper. The beard will recall <br />that at yeur meeting in Pueblo. in May, that I advised that CFI acquired <br />a decree en Ricardo Creek, a 1960 date. There's seme 15,000 acres of <br />land in that drainage basin which is tetally ewned by CFI. It's a <br />closed basin and flows out ef the state into. New Mexico'- . Subsequent to. <br />that decree we met with the state officials of the state ef New Mexico., <br />and througheut this period ef time we kept Larry advised. Harris has <br />been advised of it, and Dave also. <br /> <br />I advised yeu at the May meeting that a suit had been filed against <br />CFI in the United States District Ceurt ef New Mexico by the Pennzeil <br />Corporation, by Kaiser Steel Cerporatien, by Phelps Dedge Corperation <br /> <br />-49- <br />