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<br />258 <br /> <br />Morning Session <br />February 22, 1951 <br /> <br />In the absence of the Chairman and Vice Chairman, the meeting was <br />called to order at 10:15 a.m. by George A. Pughe, who was selected at the last <br />meeting to serve as Chairman Pro Tem. <br /> <br />The first order of business was the consideration of proposed water <br />pollution legislation for the State of Colorado. <br /> <br />The Director announced that a bill on water pollution control had <br />been introduced and ordered printed by the State Affairs Committee of the <br />General Assembly and that hearil'.gs on the bill before the Committee ,vere to be <br />held. It was suggested that the Board, or at least its representatives, should <br />arrange to participate in the hearings. <br /> <br />It vms agreed that the DiEector of the Board and its Attorney be autho- <br />rized and directed to appear at the hearings on the pollution control bIll and <br />testify in behalf of the Board. Appearance before the Committee on the'subject <br />is with the understanding that the Director and Attorney should oppose the bill, <br />in its present form, for reasons which were fully discussed in the meeting. <br />These reasons generally were that the proposed legislation is based on a model <br />bill which might apply to states where the riparian doctrine of water la~ is <br />recognized, but which would not be workable in a state where the doctrine of <br />appropriation is recognized; that definitions and regulatory provisions, con- <br />tained in the bill, if enacted into law, would be oontrary to and interfere <br />with the exercise of rights to water in Colorado; and that the bill contarned an <br />implied and umvarranted confession that Colorado is allowing polluted ~ater to <br />pass into other states, thereby involving interstate questions. It was also' <br />believed that the provisions of the bill, in its present form, if enacted into <br />law, might well be held to be unconstitutional. <br /> <br />Thereupon, the BOard proceeded to a further consideration of ttle Oper- <br />ating Principles fbrthe proposed Fryingpan-Arkansas Project, Colorado, such mat- <br />ter having been postponed at its February 9, 1951 meeting for action in ttle p're- <br />sent meeting. Such postponement was made to enable' .members of the Board from <br />Western Colorado to consult witrrWestern Slope interests, particularly with the <br />Colorado River ~ater Conservation Distrtct Board 'and the Southwestern Water <br />Conservation District Board, with respect to suggested revision of the Operatlng <br />Principles of the project which were approved by the Board on June 16, 1950. ' At <br />the meeting February 9, there was submitted to the Board a report by Jean S. <br />Breitenstein, its Attorney, setting forth the proposed revisions and ~he reasons <br />therefore (reference is made to the Breitenstein report appearing in the minutes <br />of the February 9th meeting). <br /> <br />Judge Dan H. Hughes announced that he had presented the matter oT the <br />rev~s~on of the Operating Principles on the proposed Fr;yingpan-Arkansa's Project <br />to the Colorado River Water Conservation District' Board and that that Board has <br />passed a resolution which he read to the Board. <br /> <br />.!.. <br /> <br />. <br /> <br />I <br /> <br />r <br /> <br />- <br />