BOARD00326

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

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going to come up at .1:30 next Monday I was advised yesterday -- I
would like to be able to say that it is the expression of the Board
that we think the word "exclusive" is unnecessary and does not add
anything: to the act. That's the problem, Mr. Chairman. . :

MR. STAPLETON: I would agree with you entirely on the "exclusive."
It just creates a whole wealth of new problems that we shouldn't be
getting into. What was their. intention when you say "to investigate
and respond"? I can understand where we assist in formulating response
to the plans, I think. It ~ s my understanding .that the Board and the
staff have had the major inp,ut into that, but how would you respond if,
for example, they took out 'exclusive duty" and just said "duty. of the
Board is to. investigate and respond"? What does that mean to you?

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MR. SPARKS: That means to me that we formulate a position on the
activities of the federal government or other states relating to our
water resources. Our obligation, then,.is to convey that position to
the Governor and to the General Assembly. They're the ones that make
the final decision. We do not. -

MR. STAPLETON: That's no different.then than what we're really doing
now.

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MR. SPARKS: That's correct. except there has been some trouble. Some
things happened in recent years. One is that we have. a whole new body
of law in effect as a result of environmental impact statements and
other new federa1.1aws which now require responses from the states,
which were never in existence before.

There's nothing in the statute which really directs any.agency to
specifically respond to these federal requirements. That was the
thought, apparently, of the General Assembly. As far as water is con-
cerned, they're.saying that this Board is the one that has the duty ~o
respond to these federal requirements. Our duty is to._ recommend to
the Governor and to the General Assembly, and they make a final decision.
We do not.

MR. STAPLETON: Well, to me just reading it directly, I thought respond
meant we sent it directly to whoever we wanted without the 1eiis1ative
or executive input, and I would agree with you entirely, they ve got
the last say, so what I want to do is continue what I think is our
strong support in being able. to assist in the formulation of it, and I
would suggest that the words "to investigate and assist" are better
than. to say "and respond" because from what you've just told me, we
have no intention of responding except to the legislative-and executive
channels. .

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MR. SPARKS: That's my interPretation of it. I so informed the committee
that I thought it was our duty to respond through the' established pro-
cedures whether those procedures are established by the Governor or the
legislature. . .

MR. STAPLETON: Then would you have any objection if we had a motion to
the effect that you were to inform the appropriate committees of the

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