BOARD00188

• Board Meeting Date: 11/14/1962
• Description: Minutes
• Board Meetings - Doc Type: Meeting

1

I

JUDGE CONOUR:

MR. GEISSINGER:

MR. KUIPER:

MR. WHITTEN:

MR. PETERSON:

MR. STAPLETON,

MR. KUIPER:

"They are giving it up in return for a
change of the 4.7 feet?"

"That's correct."

"I think the Judge points out something
here that I believe would be an answer to
Pete's question. This is not establishing
a new precedent, it simply augments what
appears to me to be a long, well established
precedent in Colorado in cases of change of
points of diversion. \'lhen you change a point
of diversion, the determination of any adverse
effect on other water users must be made and,
generally, mitigated before the court will
grant it. This, it appears to me, is what
has been done in this case, is it not, Gene?"

"I think that's the case."

"Mr. Chairman, that may be fine and dandy
for those water users within the state, but
when you start crossing state lines that's a
different matter because we do have agreements
with other states that we will deliver a cer-
tain amount of water at state lines and even
at basin-wide or sub-bas in-wide lines. I
think, if at all possible, I would be much
happier wi th the legislation if it were
worded in such a manner that this was not
setting a precedent which could be used in
other cases of diversion of water across state
lines."

"I think we've got all the expression we
need on this matter now. I take it we will
have the legislation in ample time for our
January meeting and the recommendations of
the staff in every regard, and particularly
in the one you raised, and we can go on from
there in January.

The next matter is in the Arkansas valley
and how do we promounce this word we are going
to talk about?"

"Phreatophytes."