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<br />- <br /> <br />e <br /> <br />to appropriating water, appropriating 4 or 5 water <br />rights Basically water <br />development intensify and <br />ultimately result in the demise of this program if <br />you can't make some progress acquiring water <br />rights. two issues. One <br />methodologies are sufficient to withstand the legal <br />challenge courts and two how much water <br />is the state elect to acquire to appropriate for the <br />endangered fish. with respect to one but it is <br />required to withstand legal challenge, seems to us <br />that you simply do not go if the Service's flow <br />recommendations ____ withstand court challenge. <br />until find out before we do something <br />court rules, I know that the Service feels strongly <br />that these recommendations are technically sound and <br />are defensive but even if they are not, we loose <br />support we always have the option of going back and <br />refining those recommendations at that time. I think <br />there is a great advantage to this approach and <br />dealing with very specific issues with specific <br />solutions. My problem now is that the issue is very <br />abstract and has very little concrete basis on which <br />to determine what is defensible <br />methodology. with respect to item two how much water <br />state elect to appropriate of this water, we <br />recognize that there are a wide range of <br />biological factors that must be taken in <br />consideration such as how much water is specifically <br />and legally available water availability study <br />How an appropriation may effect the states <br />compact , how much water should be set aside <br />in a place like the Yampa Basin for future <br />development, these are all factors that we understand <br />must be addressed to appreciate must be <br /> <br />17 <br />