BOARD00198

• Board Meeting Date: 1/15/1969
• Description: Agenda or Table of Contents, Minutes, Memos
• Board Meetings - Doc Type: Meeting

MR. GEISSINGER:

I

MR. STAPLETON:

MR. GEISSINGER:

MR. VANDEMOER:

MR. GEISSINGER:

I

scared to death, Jim, of the five years
while you are doing all this."

"I wonder if I might try to clarify a
point there for Herb."

"All right."

"Herb, we'll take your 1882 right, under
this legislation we extended that right and
you can tie your wells to it under your 1882
ditch. It's permissive and permits you to
do it through this procedure through the
division engineer. So if your historic
usage was so much under your ditch right,
and under that decree, to that extent you
will be able to tie your well in. That's
the basic theory here in tying the weils in."

"Where is that in here, Jim?"

"It's under 'Changes of Water Right'.
I know that Larry raised this question him-
self. I think he did to Bob Welborn and it
may not be clear enough but it's in there.
Here's where it is - you will recall that in
1967, the last session of the legislature,
we passed a bill known as Senate Bill 37
Which expired by its own terms on December
31, 1968. Now we don't mention wells
specifically here because this legislation
applies to all various types of transfers and
changes of points of diversion. But a change
of water right is defined in the very first
article to include alternate points of diver-
sion. Then, under the proceedings before the
division engineer, or before this board which-
ever way we decide is the most practical way
to go, you would make your application, not
to the court, but to this board for an alter-
nate point of diversion for your well and to
the extent of your historic usage up to the
amount of your decree, you would be permitted
to divert from the well so that you would be
made whole.