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<br />problem of the constitutional amendment to some future date. We still <br />have another session of the legislature to consider the constitutional <br />amendment. If we have to pass a constitutional amendment. I think <br />that takes the teeth out of what is now Senate Bill 97. I think every- <br />body on the ad hoc committee was concerned about that. The environ- I <br />mental groups are concerned about the way the word "divert" is put <br />into the constitution at the present time. They are concerned about <br />putting something else in without really knowing what it means. with- <br />out having a legislative body have a chance to change it. <br /> <br />l'~. Stapleton: ~~ell, Ken, directing your attention to 'che consti- <br />tutional amendment just for' a minute. How would the federal govern- <br />ment go about maintaining minimum stream flows through forest lands <br />and other governmental lands? <br /> <br />Mr. Balcomb: Well, I think in effect that they already have that power <br />pretty well through taking the national forest lands in a special-use <br />program. Now apparently their intention is to establish what those <br />minimum stream flows should be to maintain a national forest and <br />obtain. at least'in Divisions 4. 5 and 6. a state decree for that <br />quantity of water. <br /> <br />I think they would go through the same form of proof that the state <br />is going to have to go through if we get this Senate Bill 97 passed. <br /> <br />l~. Stapleton: Do you or any other member of the ad hoc committee feel <br />that either Senate Bill No. 97 or the constitutional amendment will <br />give impetus to the federal government to urge the federal water law <br />in this area? Have you considered that and discussed it? <br /> <br />~~. Balcomb: I don't think the ad hoc committee directly considered <br />it. I think that the Uni'ced States will take the position that they <br />are depending entirely on federal law and any change in state law <br />w'ouldn't affect their rights. <br /> <br />v~. Stapleton: All right. Quincy. <br /> <br />Mr. Cornelius: Ken. you said. referring to the <br />they would establish minimum flows. And in the <br />"the minimum flow shall be established by la\.,r." <br />to what the Forest Service thought that through <br />they could establish stream flows through their <br />right? <br /> <br />Forest Service. that <br />legislation it said. <br />You were referring <br />their federal authority <br />property. is that <br /> <br />I <br /> <br />i,~. Balcomb: That's corect. No'^, what I am saying is that it was <br /> <br />-6- <br />