BOARD00073

• Board Meeting Date: 9/16/1949
• Description: Minutes and Resolution
• Board Meetings - Doc Type: Meeting

112

In taking up Item l( d) "Consideration of Contracts for Boord Attorney
and Consulting Engineer", the Director explained. that these two positions are filled
on. a contract basis.

The Attorney General inquired as to the need for special counsel for
the Boord, inasmuch as the Attorney General and staff are available as legal ad-
visers to all Colorado State boards and departments.

Mr. Bannister.moved that the Director be authorized to
execute on behalf of the Board a contract lnth Jean S. Breitenstein
for his employment as Board Attorney at a salary of $6,000 a year.
The motion was seconded by Mr. Smith.'

I

Further discussion ensued.

Mr. Metzger said he intended to satisfy himself as to the need for any
special legal counsel for the water board.

The Director made a comprehensive summary of the importance of compe-
tent le gal counsel, emphasizing that need for such counsel is as great now as in the
12 years of the Boord's existence.

Judge Hughes, a new member of the Board; said he felt that the Board
should make the decisions affecting the water program and policies; like a jury
making a decision after weighing evidence.. He said he agreed with the principle
that no public expenditures should be made unnecessarily, but he maintained that
legal counsel for the Board was essential, to make competent legal advice available
day in and day out. He asserted that the Attorney General's office could not pro-
vide this on a continuing basis, as the Attorney General's staff and setup changes
wi th each new incumbent in office. He emphasized that the water problem is too
important to all sections of the state to permit haphazard attention to the legal
details. He commended the work of Mr. Breitenstein highly, and declared "We do not
want to see this important matter th'rown into the hands of a new man. Conditions
. change -- and fast, and we must have a man who knows the background." He said he
intended to go along with the recommendations of the Director. "We cannot afford,
to be niggardly about a necessary expense. I hope the decision of the Board will
have great weight with the Attorney General, for his approYal of the contract for a
special counsel."

Mr. Headlee, also a new Board member, agreed with the policy of halting
unneeded expenditure of public funds, but he asserted, too: "This water condition
in the State is critical. We need the best. setup we can get to take care of it.
Even in the best setup for an attorney general'S staff, politics will creep in, and
we should try to avoid that. We need a man who is trained and familiar with details
of the water program. I don't feel that Colorado should consider a change in its
present setup:'

Vice Chairman Bailey added that he considered the money spent for legal
counsel as the "best money spent by the Board, outside of the salary paid to Director
stone" .

'"I
. ,

Mr. Metzger asked if the appointee had to be any particular person, or
if other candidates h ad applied. On' being informed no applications were on file, the
Attorney General said he had been contacted by Mr. Byron'Rogers; Denver attorney,
who wanted to haye audience with the Board, to present himself as a counsel candi-
date.