Board Meeting 09/08/1983

• Board Meeting Date: 9/8/1983
• Description: Minutes, Agenda, Memorandums September 08,09, 1983
• Board Meetings - Doc Type: Meeting

Attorney General ' s Report
Mr . Paddock reported on several matters . He mentioned one
of special interest to the Durango area, that the challenge to
the validity of the Animas-La Plata Conservancy District forma-
tion has been thrown out of court .
Concerning the Vermejo litigation, the Special Master has
issued a second finding in Colorado ' s favor to which New Mexico
has taken exception. New briefs will be prepared and submitted .
The Colorado Supreme Court issued its long-awaited decision
in the Huston case . Nontributary groundwater is not the property
of surface landowners but is subject to appropriation through
water court filings . In effect , the decision suggests that the
choice of how future use and development of nontributary
groundwater occurs is with the General Assembly.
Mr . Paddock reported that it appears that the State of Kan-
sas is preparing to sue Colorado over disagreement on Colorado' s
position that current operation of Arkansas River storage reser-
voirs does not violate the compact.
Director ' s Report
Mr . McDonald described the effects of legislative action on
the agency' s budget . The enactment of HB 1320 earlier transfer-
red $22. 5 million from the Construction Fund to a Fiscal
Emergency Fund . In the Special Session , SB 431 is a supplemental
appropriation measure for the Department of Natural Resources
which proposes reductions in or changes to appropriations in the
current Long Bill. The major effect on the Board is to
substitute about $327, 000 from the Construction Fund for
previously appropriated general fund along with about $58, 000
being reimbursed by the Colorado Water Resources and Power
Development Authority for technical services by the Board staff .
After a discussion by the members in which concern was ex-
pressed about further attrition of funds available for water
project construction, Mr . Robbins moved, with a second by Mr .
Jackson , that the Director send a letter to the State Controller
expressing concern over the additional transfer of $1. 6 million
from the fund to balance the State ' s books at the close of the
fiscal year . The motion carried .
Mr. Robbins then moved , again with a second from Mr . Jack-
son , that the Director write to the Colorado Water Congress on
the Board' s behalf to express concern over the ramifications of
the budgetary proposal on water project development . The motion
lost on a 3-3 tie .
Mr. McDonald then reported that an omnibus public works bill
is being considered in Congress . Prospects for the Animas-La •
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