BOARD00725

• Board Meeting Date: 1/18/1973
• Description: Agenda or Table of Contents, Minutes, Memos
• Board Meetings - Doc Type: Meeting

I

I

that the counsel for the opposing party is going to be sitting right
in the front row. Nobody expects this bill to disturb the normal
lawyer-client relationship as far as confidentiality is concerned.

The decision as to whether to enter into litigations is a public matter
and our board does make recommendations in regard to litigation.

The most difficult areas I believe are the areas of who is a lobbyist
when he appears before the board. I suggest to everyone who is here
and is paid to represent in his capacity that he examine the bill
carefully to be sure that he is satisfied, that he either is or is not
required to register as a lobbyist. That is not the problem of the
board. The board is not required to police the members of the audi-
ence and say, "You can't speak until I see your card that says you
are a lobbyist." This is a matter for individual determination by
each person who appears before the board. Obviously, a person can
come to defend this own water rights with perfect freedom and the
Sunshine Law does not involve that kind of thing. When you are getting
down to the position where you are paid to represent somebody else's
position before a commission which has rule-making policies, and that's
the key to the act, that is where it applies. The board has rule-
making powers. By specific legislative declaration the Colorado Water
Conservation Board has power to make rules and regulations. So this
is the kind of a body before whom anyone who attempts to influence
the powers of the board in a representative capacity must be registered.
I am not going to try to identify or clarify that any more because
there is a whole spectrum of relationships that each individual must
do for himself. If he is a lawyer representing a group, he makes his
own determination. If you are representing a group, you had better
consult a lawyer to see whether or not you are a lobbyist in order
to protect yourself.

Another thing I would like to make clear is that once the board adopts
a ~olicy, any board member is privileged to attempt to implement that
decision. That's part of his job, that's part of his function, and
he does not become a lobbyist by serving as a board member.

As far as minutes are concerned, the Attorney General's opinion and
the general construction of laws, is that minutes must be kept, but
they can be relatively informal. As you know, ours are kept verbatim.
They are transcribed and are available for public inspection at all
times. The board thoroughly complies with that regulation.

I think that is all I have to say about it. I suggest to the board

-34-