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

.

.

34

historic practices of exchange that have, while not decreed,

have been authorized and carried out under the statutes of

the State of Colorado. There are a series of exchanges and

substitution statutes, 781-20 being one of them.
And I don't think in circumstances where water users

come in and say, "Hey, we've been doing it for years and

we want to continue to do it; it's not decreed but it's been

done legally," that the Board needs to confront that issue

and make the decision if they want to attempt to have their

decree pose a bar to those sort of exchanges or if they wish

to allow these exchanges to continue.

And my interpretation of the stipulation is that it

would be, if my motion would pass, the Board's intention that

the historic exchanges that have occurred between Cheesman,

Antero and Elevenmile would be allowed to continue even

though they're not decreed.
CHAIRMAN KROEGER: Bill.

MR. McDONALD: We went through this last time, did

we not, Dick, on the Windy Gap thing?
MR. JOHNSTON: Yeah.
MR. McDONALD: Did we not provide some comfort to
you by, for example, in the stipulation in front of us in
the fourth line add the words "owned by the City and County
of Denver, historically has been and will in the future be
used," and emphasize that it is only historic practices as