BOARD01119

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

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MR. GEISSINGER:

MR. STAPLETON:

I.am:~9nyipce~_that if we are going to go
on letting. it be unregulated, the man who has
the bigge~t p~mp and the ~eepest well is going
t9 get the ~ate~ regardless of merits or any-
thip.g else. .So I tpin)<: th~. time has come when
we need some declaration. . Where you go after
you make this declaration is wide open and I
,don':!: think tJ:1ere. is.~ny attempt on the part of
the Board now to spell out any details - this
is the general, basic principle. As the ~mo~
.ran~um ypu ~ecej.ve~ shows, this is the rule in
most of the states.

I

Tpat is. al;I, I p~ve to say."

.
RMr. Chairman,..I'd like to speak."

"Sure;Ly, Mr. Geissinger."

MR. .GEISSINGER: "I certainly. ~lieve, along with Mr. Sparks
and Mr. ~os~~,. that tpis:is.a must if we are
going to..h.av~ any ef.fect,ive. control of our
waters ,in: tPe State of.Colorado. Paragraph 1
may seem a little redundant but I want to
assure yo~ tpat ~t ~s not. To the extent of
surfac~ waters ap.~ waters t~ibutary thereto,
under a long. line.. of.. .cases of our Supreme Court
..,. the co~rt has .cop.~~stently held that the waters
reaching the s:t~e.ams by up.derground or on the
surfac~ b~longto the rj.vers, are dedicated to
the people und~r. the Copstitution - the use of
it is dedicated to tpe peop;Le. Now I also agree
. that there is p.o differ~nce, actually, between
surface and ground Wate~. The ground water is
flowing the ~ame.~s. s~rface waters are flowing;
. j. t is p.o.t under. the land; it' s f lowing under a
. p~ron' s land;. ap.d. as wa~ ppinted out by Mr.
Sparks yesterday, (I. thougpt very clearly), the I
surface.pwne~ do~sn't rely on the water that is
falling on his.;Land to i~rigate it and neither
does the unde~g~oup.d water.~ser rely on water
. that is under h~s ;Land for purposes of pumping.
It ,is in a cop.stant state of flux.

To me the significant part of these declara-
tions is that without recognizing this as a fact