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<br />RECORD OF PROCEEDING
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<br /><
<br />,
<br />
<br />that everyone might mow the exact departure times and the schedule of events at
<br />Phoenix.
<br />
<br />COMMITTEE REPORTS:
<br />
<br />LEGAL COMMITTEE: Attorney Beise reported that, as of this moment, the Harvey
<br />Brothers have indicated an inte~e8t in accepting the agreement reached two years
<br />ago. which would make their decree junior to the District. This matter will be re-
<br />solved on March 16. He then stated that the Water Committee of the Bar Association
<br />has spent a great deal of time researching water legislation now before the 46th Gen-
<br />eral Assembly. and is preparing suggested legislation which will harmonize the use
<br />of ground and surface water, Nichols reported that the Colorado Water Conservation
<br />Board unanimously adopted a Resolution favoring the Bar Association Proposal at
<br />their regular meeting, Wednesday, March 8, Christy observed that the Bar Assoc-
<br />iation has tried for years to develop a fair and equitable ground water Bill, but be-
<br />cause of the differences in drainage areas. it had been unable to do so.
<br />
<br />,I
<br />
<br />Mr, Beise then Btated he had met with the Officials of the Highline Canal, who
<br />requested his assistance in developing a letter to be submitted to the Bureau of
<br />Reclamation. enabling them to use the Fryingpan-Arkansas Project Divide Tunnel
<br />for the transportation of their water. rather than their Busk Ivanhoe Tunnel. He
<br />said he has made it a continuing policy that he will not accept any other water clients
<br />in the Arkansas Valley so long as he represents the DistTlct, without the approval of
<br />the Board, Mr. MilenBki Buggested he feels it would be better policy If their attorney
<br />would develop the letter. and Mr. Beise could refiect the interest of the District dur-
<br />ing the drafting and transmittal of the letter. After general discussion. Mr. Christy
<br />moved that Mr. Beise lend such assistance to the Highline Canal Company and their
<br />attorney as the situation may require. Motion seconded by Young and unanimously
<br />carried.
<br />
<br />Beise then reported that the Ar kansas Valley Ditch Association will meet in La Junta
<br />Friday, March 17, to discuBs, among other thingB, the CF&l-District Proposal.
<br />Beise stated he has met with CF&I Attorneys and Phillip Danielson, Attorney for the
<br />ArkanBas Valley Ditch Company, and welcomes the opportunity to explain this Pro-
<br />posal to the members of the Association, Milenaki reporled that Catlin Ditch COlD--
<br />pany developed a Resolution asking the DiBtrict to send a copy of the decrees involved,
<br />along with a statement of what the District proposes to do with the water. i1 obtained,
<br />in order that they might research it and adopt a formal policy. Everett stated there
<br />is still great concern in the upper Valley, above Canon City. because in that area. we
<br />are talking about the total water in question, not just the 1/3 concerning the people
<br />below Pueblo. President Nichols authorized Attorney Beise to represent the District
<br />at the Arkansas Valley Ditch Asaociation meeting in La Junta.
<br />
<br />Beise reported that on March 27. the Ground Water Commission will hold a formal
<br />Hearing in Colorado Springs on the proposal to designate the Black Squirrel Creek
<br />area as a designated ground water area. He posed the question as to whether the
<br />District should be represented. When asked for his legal observations. he stated the
<br />Black Squirrel Creek area is outside the boundaries of the District and that our District
<br />is now involved in District # 14 Court Case involving the same area. and he recommends
<br />that we not appear officially. He stated that if we do appear. we would have two alter-
<br />natives: I, Present facts, 2, Argue law. ChriBty reported he had talked to one
<br />member of the Ground Water Commission who is concerned whether they have the legal
<br />authority to determine the Case. Cooper suggested it would be well.to be present. not
<br />officially in behalf of the DiBtrict, but to learn more about the workings of the Ground
<br />Water Commission. After general discussion it was agreed that we should not be rep-
<br />resented officially.
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