BOARD00683

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

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37

matter of administration and not as a matter of decree. And

that's what's being done is to allow a decree to come up and

bar, as far as I can see, the Water Board from ever entering

into any kind of questioning of exchanges which mayor may

not be in the best interest of the minimum stream flow.

I didn't like the language last time and I don't like

the language this time and I think it's an administrative

procedure and we can adopt that, but we cannot limit the

Court's right to adjudicate and to control senior water

rights or the applicability of junior water rights and

therefore the possibility of questioning the same.
MR. ROBBINS: I agree with you completely, Mr.
Johnston, and I think that the Court could reject this
stipulation if it wanted to. All the Board is doing is

instructing its attorney and staff that it should endeavor

to -- that it should enter into the stipulation.

And the effect of that then is it is submitted to the

Court, I believe. The judge has to make the final determina-

tion whether he'll put it into decree. I agree fully that

what it does is for all time limits the Board's ability

as to a certain segment of stream and as to a certain water

to litigate subsequent exchanges and I think that's the

purpose of the language so that there is some finality for

the water users so that they understand how they will be

able to act vis-a-vis the Board.