BOARD00725

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

Mr. Fischer: I might just do that.

Mr. Staqleton: All right, is there any further discussion?

Mr. Mavnrs: I would like to make a few comments on behalf of Mr.
Kroeger. He indicated to me prior to the time that he left that he I
generally' favored the approach which Mr. Sparks has propos~d in terms
of the constitutional amendment. It seems to be one' of the thpughts
that came out of the meeting of the group of attorneys that perhaps
that by following the approach as suggested by Mr. Saunders that the
legislature could make the appropriate changes in the law and then
they could be tested in the courts of law prior to the .1974 election.
You could then determine whether or not this approach in trying to
change the constitution oy ch,!-nging the legislative definition of the
word "divert" would do the job or not. I am not so sure that the
qourts!are going to allow the legislature to get away with that
particular approach.
I

~ am concerned about the proplem that was raised in terms of everybody
having a right to come into the courts and appropriate water in place
'inpthe stream. Unless it is a controlled type of reservation of water,
you are going to have a real chaos in that situation. I think: that
might perhaps be avoided by a ~onstitutional amendment. As every
lawyer, and I am sure probably every nonlawyer here knows, every time
yo~ change the constitution, it becomes a lawyers' heyday. But for
what it is worth, Mr. Kroeger at least expressed the opinion that he
generally favored some sort of a constitutional amendment which would
do the job.

I would much rather see a constitutional resolution be suPmitted to
the people that ~as well though out and had the ben~fit of the advice
of this board, than something that was thrown together by various
groups. We had plenty of initiated amendments last time which caused
"
agr~at deal of consternation.

Mr. Stapleton, I think I would have attempted to get a consensus of
opinion' on this matter before the board meeting today. T.his ad hoc
group came up with some thoughts that I wish they had come .uP with
ten days .ago so they could have been circulated. Be that as it may, I
it is like'a~ything else, I guess we do things at the last minute
because We h~ve a lot of other things to do. Now as I understand it,
and I will; address my advice to Mr. Saunders, this committee of yours,
those well-balanced, geographical and well-located attorneys, do they
have any thoughts on.the constitutional amendment itself?

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