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<br />I <br /> <br />MR. STAPLETON: <br /> <br />MR. GOODWIN: <br /> <br />I <br /> <br />have the privilege of commenting on some of <br />these other features, but as I see it there <br />is a constitutional proposition involved <br />here and it's going to take some time to <br />solve it. If we go on the assumption that <br />it is solved by this legislation and work <br />that supposed solution into the old integrated <br />system of administration of our water rights, <br />it's going to bring about confusion and un- <br />certainty instead of the objective that we <br />hope to obtain. <br /> <br />Thank you." <br /> <br />"Thank you, Mr. Delaney. <br /> <br />Any other members of the Board wish to <br />comment? Craig." <br /> <br />"Mr. Chairman, I only have a short com- <br />ment or two that I think should be made. I <br />have probably seen about as much court action <br />and litigation as anybody in this room. I'm <br />wondering who can determine beneficial use, <br />who can determine waste? What I have re- <br />viewed in these bills, it might be determined <br />by a legislature that has very little <br />knowledge of water. They know you can drink <br />water and you mix highballs with it and that <br />sort of thing, but after all what looks like <br />beneficial use today might not be beneficial <br />use in 30 years or 40 years from now. <br /> <br />I think that anything we do needs to be <br />flexible. I think our Colorado law on water <br />has been reasonably flexible. I'm a little <br />afraid our legislature may pass what bills <br />I reviewed which certainly wasn't all of <br />them, but they would indicate they are in- <br />clined to take water away from the 'haves' <br />and give it to the 'have nots'. I don't know <br />if that's beneficial. If the haves are throw- <br />ing it away and wasting it, fine. But if <br />they aren't then we probably are going t,o get <br />in the devil of a mess with litigation. <br />