BOARD01119

• Board Meeting Date: 2/11/1965
• Description: Minutes
• Board Meetings - Doc Type: Meeting

I

MR. STAPLETON:

MR. MOSES:

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to the people interested and particularly people
who might be working- on the recodification. At
this session, I think if the Legislature is
serious about doing something that the legis la-
- tion that has been sent to you if the first
step.

with- that,-Mr.Chairman, I remain silent."

"Maybe we can have some- comments from our
attorney in regard to this proposed bill."

"I am unable to see any sound reason
for distinguishing between ground water and
surface water as far as legislation is con-
cerned. : The water all comes from the same
source; it all is used pretty much for the
same purpose; and it-has been my feeling all
along that it is the law in Colorado that
ground water belongs to the people too. But
there is considerable difference of opinion on
that point and I think it might be well to get
a legislative determination of that.

As I say, if I read the papers correctly,
the Director had a very graphic method of
demonstrating ground water. If you just pour
enough water in the- ground pretty soon you have
surface water. And that's a fact. I can't see
any real legal justification for saying ground
water is water you can't see and surface water
is water you can see. They are all the same
and it seems to me they ought to be controlled
by pretty much the same procedures. You can
have different rules if-you want to, because of
the fact that- some things are easier to see than
others, but this doesn't go that far. This pro-
posed bill just says that it all belongs to the
people and I think it does. This doesn't mean
that a surface owner can't use his ground water.
It means that the peOple have an interest in
its conservation-and protection and regulation,
and as a -result of that interest have a right
to lay down some rules as to its use.