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whatever the Council directs is what we will do, <br /> of course. <br /> Cussen: "What I hear you saying then is that the <br /> City is wishing at this point to change the point <br /> of diversion so that we can have use of the water <br /> in the future. Right now we do not really have <br /> access to the water . <br /> Williamson: "At present the water rights are only <br /> decreed for diversion through the open unlined <br /> ditch in the historic manner and the City can <br /> derive no benefit from the water rights so long as <br /> that is the case. This is a very typical <br /> situation. What we have asked the court to do is <br /> to allow us in addition to the point of diversion, <br /> which is already being exercised, to take the <br /> water at either the community ditch which would <br /> allow us to store the water in Marshall Lake for <br /> subsequent treatment or take it through the City <br /> pipeline. The City irrigates the (municipal) <br /> cemetery through the treated water system. So if <br /> it is a question of whose cemetery gets irrigated <br /> by these water rights, we are completely unable as <br /> a legal matter, to do that unless and until we <br /> complete this transfer proceeding because we have <br /> no facilities to irrigate the cemetery in an <br /> agricultural type of matter . Our water rights <br /> that are used to irrigate the cemetery go through <br /> the treated water system then through a pipeline <br /> up to the cemetery. So if these water rights are <br /> removed from the proceeding, which we could do at <br /> any time by a simple motion, they in effect would <br /> be unusable by the City for any purpose." <br /> Leary: "The open space agreement - does it say <br /> that when we want to use it for the cemetery, then <br /> it becomes available to us?" <br /> Williamson: "That 's ay reading of the open space <br /> agreement. Yea. " <br /> Leary: "That is my reading too. Not to a newly <br /> developed cemetery , but just for our use at the <br /> (municipal) cemetery. " <br /> Williamson: "My reading of that agreement would <br /> be that if the water rights are usable and needed <br /> by the City for the irrigation of the City's <br /> cemetery, then that is to be their use. If there <br /> is surplus water or if the City elects for <br /> whatever reason not to utilize the water rights <br /> for that purpose, then they are to be wade <br /> available to the private developers for use at <br /> 7 - <br />