BOARD00683

• Board Meeting Date: 7/8/1980
• Description: Minutes
• Board Meetings - Doc Type: Meeting

.

1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

.

.

33

to pervert the Court authority to administer or the administr -

tion authority and we should not recognize nonexistent water

rights by making stipulations in our claims.

We certainly have to recognize the senior rights of the

City and County of Denver in both of these cases, but I

presume that it has been used in other cases after that time

to recognize nonhistorical uses of exchange and to try to giv

some force or legal force to that type of administration

as far as I'm concerned is improper.

And I, again, the same as last time, say that these

stipulations recognizing the Denver Water Board right of

exchange without proper adjudication by the Denver Water

Board are not proper for us to enter into.
MR. ROBBINS: Well, Mr. Johnston, I respectfully
disagree. I think the Board can limit its right or its
claim in whatever way it wishes. It's the body charged by

statute with responsibility for defining minimum flows and

how they wish them to be handled and I believe they can put

whatever limitations they want to on them to the point of

either deciding they don't want to file on a minimum flow

or file on one under any series of limitations that it might

wish to direct the staff to address in any application.

So I don't see it as a problem and over time it's my

understanding that the Board has had concern and various

members have expressed concern about practices of --