got away from the water aspects, which I certainly don't intend to do. 

 But I .do want to just say one thing very briefly in conclusion regarding 

 Roger^^McDaniel's statements. Now Roger McDaniel is an attorney. I am 

 not. -^I'm certainly not going to debate on a legal basis with this esteemed 

 gentleman. However, I do point out that it's a lawyer's opinion and I've 

 been around lawyers all of my adult life and I find that if you get three of 

 them around you, you usually run into four opinions. Until one of the 

 courts in the United States says something definitive, I think we can 

 simply regard these as a lawyer's opinion, to which they are entitled. I 

 do feel that I should say something about the comment that the legislators 

 address this issue honestly. I do not think that you can, in street 

 language, kiss something like this off as being strictly a matter of 

 interstate commerce without considering the rest of the water aspects. 

 And the aspects that are affecting all of the water uses in the state. The 

 states have a tremendous challenge and one that has grown way out of 

 proportion the last few years and I feel that they have dealt with it 

 honestly. Even when they disagree with me, I feel that way. And I 

 think they will continue to do so. I don't think that the states have 

 gotten into these acts unnecessarily and I think it's imperative that every 

 state give full consideration to all of the impacts that are caused by the 

 use of water and that every bit of that use must prove its worth to the 

 state in every aspect. And I think in the case of the slurry pipelines, I 

 think I can conclude without any question in my own mind that this is not 

 a use of water of the type that we should consider as a trade-off for any 

 of our other uses. I consider it wasteful simply because there is a viable, 

 reasonable and presently highly operable substitute for the use of that 

 water. And I thank you. 



LARRY PETERMAN : Our next speaker helped tremendously in one of the 

 most important Montana water law development periods. Mr. Willie Day is a 

 former Montana legislator who ranches near Glendive, Montana. 



"But the agriculture people that's being led to believe, because of 

 the instream flow that was granted to the Fish and Game Depart- 

 ment, that it's going to adversely affect them, are being led down the 

 wrong path." 



