BOARD00985

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

MR. STAPLETON,

MR. SPARKS:

have.provided a procedure which is mo~e
flexible and which allows us to use OUr water
in the best method possible. Again. with
proper safeguards for all users.

The bill does not create any policy com-
mission. It does not usurp any duties of the
state engineer - as a matter of fact it adds
to the duties of the state engineer by making
him a party to all proceedings. It preserves
the existing adjudication system that has been
in effect since the state was admitted to the
Union. and preserves the priority doctrine.
We have attempted to define what we mean by
priority. I defy anyone to show me a law in
the State of Colorado today which defines
priority. Although we all glibly speak of
vested rights and priorities, there is no law
in existence which defines the priorities.
with the exception of a priority within a
given water district. As far as the staff is
concerned. we think that what we have pre-
pared goes to the main point of the legisla-
tive directive which was enacted in 1967.

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Mr. Chairman. I know that many of the
people here have a considerable familiarity
with this bill and with the other bills.
Rather than me explaining any further. I
think it would be appropriate to bring up
specific points that either myself or Mr.
Geissinger or someone else can answer."

"Before we do that. I would like you to
comment on these commissions and their rela-
tion to civil service. To me this is one of
the most troublesome points in the draft.
I'd like to have you comment on that aspect."

"For some years. not only our Board but
consultants. lawyers and engineers have
realized the desirability of providing some
technical administrative agency to pass on
matters of water rights in the first instance.
How this was to be accomplished proved to be

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