BOARD00326

• Board Meeting Date: 1/19/1977
• Description: Agenda, Minutes, Resolution
• Board Meetings - Doc Type: Meeting

and unwanted party to every piece of legal action concerning the other
diverters on the Hot Creek; and

WHEREAS, the State of Colorado, as a legal entity and by virtue of its
comparatively unlimited ability to litigate cases in its behalf, wields
an extra legal power, a power: which can very likely be employed to the
detriment of other individual water users; and. '

I

. ,
WHEREAS, the implementation of minimum stream flow regulations on the
Hot Creek would constitute a tyranny of the majority, Indeed, it would
constitute a: perversion of the principles of property and the appro-
priation doctrine, as well as coming dangerously close to fulfilling all
of the elements of eminient domain, which is specifically prohibited.
by the legislation which brought the minimum stream flow concept into
being;

I

NOW, THEREFORE, we the combined and united membership of the Hot Creek
Water Users and the La Jara River Water Users Association do hereby :
fully object to and resist any and all proposals and efforts to bring
minimum stream flows into existence on any of the already oyer-appro-
priated surface rights in the state, and particularly any proposals of
minimum stream flow regulations on the Hot Cree~ or t~e La Jara Cree~.

We hold these proposals to be the end result of irresponsible bureau-
cratic planning which is far removed from the practical probl~ms ~f
the people affected by the implementation of such planning, We hold
the rights to water on the Hot Creek to be exclusive and perpetual,
and any effort to detract from those rights or to in any way interfere
with the already extsting :system of water distribution on the Hot
Creek must be regarded as a flagrant violation of our rights a~ defined
by the Colorado Constitution.

Furthermore, we reiterate the interests of agriculture as .a whole, and
within the realm of water usage, we maintain that agriculture should
receive the. ultimate priority above other ~nterests, particu1arly:the
interests of recreation which are pursuing rights to water, Agriculture
is the basis for national prosperit~ and the success of agriculture ,
beneficially affects all segments of the society, while recreational
interests are of direct importance to only a fraction of the leisure.
class,

In the case of Colorado's recreational interests, we question the true
intent of the Division of Wildlife. which on the one hand claims to be
preserving Colorado's flora and fauna, and yet on the other hand is the
institution most responsible for the importation of out of state
hunters and sportsmen who yearly .decrease the numl?er of wild game in
the s~ate. We maintain that only through a favorable relationship with
agriculture can the Division of Wildlife remain legitimate.

. .
We respectfully request that the Colorado Water Conservation Board
discontinue consideration of minimum stream floW propos~ls on the.Hot
Creek and on.La Jara Creek, and we hereby inform the Boa'rd that we.
will resist such propos,a1s to the fullest extent of our ability."

Thank you very much.

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