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<br />Mr. Geissinqer: Mr. Chairman. I would like to speak on this a minute. <br />There is a strong presumption that all laws passed by the legislature <br />are constitutional. Now. whether we get a test on it or not. I don't <br />know. Ultimately. you will get that test. A~d the presumption is that <br />it is constitutional. It is a strong presumption and supported by a <br />dozen Colorado cases. at least. to my knowledge. So I say. let's get <br />on with the job. If this case isn't contested. there will be other <br />opportunities. So let's don't let the constitutional problem bother us <br />too much. <br /> <br />Mr. Stapleton: Any further questions? <br /> <br />Mr. Burr: Yes. I would like to state for the record that I never had <br />seen in the last eighteen years that I have been on this water board. <br />so many, attorneys. engineers and legislators trying to get something for <br />nothing in the way of this minimum flow. They are trying in every way to <br />turn over every rock. turn over every page. to find out some way where <br />, they don't have to pay for water. And I am just appalled at the thing. <br />I guess times are changing. and I guess I am not changing with the times. <br />I just can't understand it. I would say that it was unconstitutional. <br />and that my word is just as good as one of you. attorneys. I am not <br />an attorney. but I think it is unconstitutional. I think it is illegal <br />for this board to set them until they find out about them. <br /> <br />Mr. Geissinqer: Well. there is only one way the board is going to find <br />out about this. That's through a test case because the presumption is <br />that all laws passed by the legislature are constitutional things. <br /> <br />Mr. Burr: That doesn't mean that they are. <br /> <br />Mr. Geissinqer: The courts will tell us if they are unconstitutional. <br /> <br />Mr. Burr: All you attorneys go right ahead just like it was constitu- <br />tional. I can't understand it. <br /> <br />Mr. Geissinqer: This board supported this bill and we supported it very <br />strongly. Until somebody shows us that it is bad. I think we have to <br />assume that it is constitutional. <br /> <br />Mr. Burr: I don't think you have to assume anything. It ought to be <br />determined whether it is constitutional or whether it isn't. <br /> <br />Mr. Geissinqer: There is no way of determining that issue. except by <br />the Supreme Court of the State of Colorado. <br /> <br />-52- <br /> <br />I <br /> <br />I <br />