wildlife agencies and their information sections and especially the outdoor 

 media have to take the primary responsibility, take the lead in making the 

 people aware of these issues. Are your clients or your readers aware that 

 their water is given away? Are their water needs being met or even 

 considered? Or will they be in future allocations? If the people aren't 

 informed or organized enough to demand a change it's never going to 

 come. Okay. I talked about this general framework but there's a few 

 specific points that should be reiterated or mentioned. Again, protection 

 of existing water rights. The water rights in effect right now are legal 

 property rights. Now it's unfortunate that fish and wildlife and recreation 

 are getting into this water game 100 years after it started, but those are 

 legitimate water claims and for any legislation or comprehensive statewide 

 water plan to be effective, those water rights are going to need total 

 protection. Existing rights. Okay. 



Another point is instream flow legislation or instream flow consider- 

 ations. Mr. Day is going to talk about this later so I'll keep my comments 

 brief, but these things are needed. Considerations for providing instream 

 flows or reservations. Whether it's through legislation or through a 

 statewide water plan, which again would require legislation. 

 Several--states, in fact, it's getting to be most western states with the 

 exception of Wyoming--have instream flow legislation. Most of this 

 legislation needs strengthened. There's been an awful lot of compromises 

 and I get awful frustrated seeing the general public have to compromise 

 time and time again over their own rights. They are put in a position of 

 compromising and that's a problem with a lack of organization and again, 

 the media is going to have to take charge there if it's going to change. A 

 lot of it needs strengthened and all of it needs continued support. We get 

 some of these bills through and I think we have a tendency to feel like fat 

 cats for a while, but I can guarantee you, if this development continues 

 there's going to be new runs made at these instream flow rates that 

 presently look secure. 



Now briefly, I feel the things that should be addressed in such a 

 plan or consideration on instream flow are a state policy recognizing and 

 stating that instream flows are beneficial uses of water and that that is a 

 legitimate need, clear procedures for obtaining those water rights. 

 There's a big problem with a lot of laws in the western states right now. 

 It's not clear so your in legal battles for years as to how the heck the 

 laws are going to be determined, how they are going to be filed on or if 

 they are even constitutional. The public needs the ability to purchase and 

 protect rights. Purchase senior rights and protect them. And I'm talking 

 about buying the senior rights from agriculture, industry, whoever would 

 have them, on the open market, from a willing seller. Not taking anything 

 but again giving the general public the same right that industry or 

 agriculture has right now. And finally, again this legislation should 

 guarantee existing water rights. Okay. 



Another item that needs to be addressed in an overall plan... and a 

 lot of these items I am talking about now I guess I'm talking more in terms 

 of a general state water plan more than just specific legislation. But 

 another item that should be addressed is that instream flows needs should 

 be determined objectively. There's a big fear from developers and 



