BOARD00985

• Board Meeting Date: 2/5/1969
• Description: Agenda or Table of Contents, Minutes, Memos
• Board Meetings - Doc Type: Meeting

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It does. however. provide an alternat&
to the water rights bill which has already
been introduced in the legislature and which
is known as Senate Bill 81. In our bill the
philosophy is about the same as contained in
Senate Bill 8l. However. we feel that Senate
Bill 81 does not recognize the specific
problem which exists in the Arkansas. Rio
Grande and South Platte basins. We believe
that some extraordinary procedure must be
applied to those areas in view of the fact
that we now have in excess of 20.000 wells
in these areas which are now in limbo. They
have been constructed without any real color
of title. but under authorization of the
legislature that they could be constructed
by the obtaining of a permit. Without the
use of these wells. only a small part of the
water resources of those basins can be
utilized. They must be recognized as a very
material source of water in those areas.

We tried to start on the basis of an act
which the legislature passed in 1967 direct-
ing the integration of ground and surface
water. We lifted a great deal from Senate
Bill 81. We also lifted to some extent from
Senate Bill 2l. What we have here really is
not an original bill but a composite of other
bills. put together in a different form. We
feel that the system of water adjudication is
so ingrained in our system that at this time
in history we cannot change it. Nor would it
be advisable to change it. The adjudication
boards. or water commissions as we call them.
would merely act in a referee capacity to the
district courts. The duties of the state
engineer are not changed in any respect.

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We also believe that Senate Bill 81 does
not set forth sufficient guidelines for the
water commission or the courts to follow in
determinining how ground and surface water
should be integrated. although Senate Bill 81
does contain .procedures which might be satis-
factory.