BOARD01119

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

MR. STAPLETON:

MR. MILENSIa::

landowner over the aquifer can make a reasonable
use of that water on the land; and the appropria-
tion doctrine which would permit an appropriator
to take water from this underground source and
use it in other areas, similar to the law that
we follow with reference to our natural streams.

I

All of those doctrines are based upon use -
it's a use right in the person. That is why,
under this compilation, we find the laws of
these other states recognizing, as they do with
reference to surface waters, that the water
belongs to the public. I believe that this is
very definitely a first step. It is a step
that we must recognize or the state has abso-
lutely no authority under the police power, if
it's private water, to regulate under any of
these underground waters.

The first section here is merely declara-
tory of what the law has always been. As Mr.
Moses said, there have been some differences of
opinion with reference to the ownership of
underground waters but if you are going to have
any kind of effective regulations you must start
with the premise of pUblic ownership. Where
you go from there; which one of these theories
you may adopt; what authority you may give
to your enforcement officials such as the state
engineer, or other body, for the enforcement of
this law; are successive steps that will work
in very nicely.

I also want to add that as far as the com-
ments made to Governor Love by the members of
the staff of this Board, I think in the main
they are sound. I think there may be some
practical wrinkles that will have to be worked
out. But as a first step, legislation of the I
type that is drafted here is a must and I
certainly would go on record as being heartily
in. favor of this bill as proposed by Mr. Sparks."

"Thank you, Mr. Geissinger. Mr. Milenski."

"I move the Board approve and support this
bill."