BOARD00858

• Board Meeting Date: 8/16/1939
• Description: Table of Contents and Minutes
• Board Meetings - Doc Type: Minutes

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55

Discussion ensued and the Chairman appomted Director Stone. George
Bailey and John B. O'Rourke a committee to draft a resolution which
Was presented and upon motion duly made 8Dd seconded duly passed and
adopted. which resolution is as follows:

RESOLUTION

WHEREAS, representatives of various Federal Agencies
(particularly Agencies of the Department of Agriculture) have
conferred with the Colorado Water ConserVll.tion Board conoerning
the protection of Federal investments in development ef under-
grolDld water supplies. for irrigation end other purposes; and

WHEREAS, questions have arisen. all to the application of
Colorado laws to the appropriation by pumping of such under-
ground _ters; and the question oftha advisability of the
passage of legislation designed to regulate such pumping haa
been suggestedJ and

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WHEREAS. the Colorado Water ConseI'Vll.tion Board. in conference
with Federal Agencies and others. has considered these subjects
and laws applicable thereto.

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NOW, THEREFORE, BE IT RESOLVED by the Colorado Water
Conservation Board that it is the opinion and position of this
Board,

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1. That neither this Board nor any officer or agency of
the state of Colorado is in a position te surround the investment
by Federal Agencies with measures of proteotion that differ, in
any manner or extent. from the protection which ma.y now be
afforded any individual appropriator of _ter under the Colorado-
liwsJ that under the Constitution of the State of Colorado which
provides that the right of appropriation of water shall never be
denied. neither this Board nor any officer or agency '1 the State
is now in a position to prevent the canrlruction of walls for
irrigation purposes until new legislation is passed or to
recOIIIIllend regulations designed tel protect appropriators of _ter
through pUlllping, and that this Board does not pass upon. but
suggests the possible ccnstruct10n of present Co3.Clrado statutes
and Court decisions to mean that the appropriation and use of
_ters through under-ground PUlllping are governed by the same
laws 19hioh provide the right of appropriation and use of water
from natural streams.

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2. That before any legislation regulating the
appropriation and use of under-ground _ter within the State of
Oolorado is rooQlll1llflnded by, this BOIU'd,. the following prooedure
shOuld',be,obaen,cl. namely: