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DARROW: Just quickly, were in discussions that this "—"you have the proposed Findings of <br /> Fact, Conclusions of Law and Decision and Order you're reviewing that at this time. There's a <br /> finding of that goes into detail on the public trust doctrine. That's' something you can review <br /> right now, if you agree with that finding of fact, you can vote to approve as part of the overall <br /> final Findings of Fact, Conclusions of Law and Decision and Order. Just a thought, thank you. <br /> REPLOGLE: Thank you, Mr. Kay? <br /> KAY: I was just going to say procedurally there's only one motion on the floor right now, and <br /> that is to adopt as drafted. Should there be a request to amend that motion than the Commission <br /> could consider that. <br /> REPLOGLE: Okay, thank you. <br /> CLARKSON: I'm sorry I made that motion, and although I don't think there was a formal <br /> second to amend. <br /> KAY: My apologies. So, we would need a second to— <br /> LIN: I can second Mr. Clarkson's amendment. <br /> REPLOGLE: Was that an official amendment Mr. Clarkson or were you talking hypothetically? <br /> CLARKSON: Oh no, I made after some discussion of the original motion to approve and after <br /> hearing Commissioner Galimba's comments I am moving to adopt the applicant's language to <br /> the effect that public trust doctrine does not apply in this case because it's not prime agricultural <br /> land. And rather than the finding that was I don't want to say conjured out of thin air, but I <br /> certainly don't remember any discussion of public trust issues that I think would comply with the <br /> Kauai Springs directive from the Supreme Court all the ABCDE things that we have to do. So, if <br /> we're not going to do that then let's just say outright that public trust does not apply and that's <br /> what the applicant's attorney has suggested and let's go with his language. <br /> KAY: And what is that particular finding again Mr. Clarkson? <br /> CLARKSON: I don't have it; it was the I don't have the number in front of me. <br /> LIN: I believe it was Number 66. <br /> KAY: Thank you. <br /> KEKAL Okay, point of order. <br /> REPLOGLE: Yes, please. <br /> KEKAL So, if there are going to be more amendments made then I don't want to piecemeal this <br /> and have an amendment, then another motion of amendment and then another motion for an <br /> 9 <br /> EXHIBIT E <br />