BOARD01250

• Board Meeting Date: 12/9/1964
• Description: Minutes
• Board Meetings - Doc Type: Meeting

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MR. SAt]fmERS:

MR. STAPLETON:

MR. SAUNDERS:

Generally, we have had to face the situa-
tion now existing in the State of Colorado.
This had to be one of the overriding considera-
tiohs. That 1~; we already have'thousands of
wells in the state. we must recognize that they
exist and determine how we integrate them into
an overall water management program in con-
formity with our State Constitution. So we
have set forth these principles and as we go
through them, if the Board has a comment,
I'll stop after each one.

First, that all waters occurring in the
State of Colorado, of whatever origin or
wherever found, are the property of the people
of the State of Colorado, subject to appropria-
tion in accordance with law. we have said
simply that we must stick to the appropriation
doctrine insofar as possible, unless it is
modified. However, we cannot modify any rights
that have already accumulated or accrued under
the constitutional provisions and existing
statutes. We say that it is a statutory
declaration that all waters are the property
of the people of the State of Colorado. We
think this is the first step. Actually, we
think this declaration could be made by a
simple amendment, right now, to the statutes.

Second. . ."

"Mr. Chairman, before he gets off that."

"Mr. Saunders."

"I think it would be worthwhile if Mr.
Sparks would have delineated a discussion
we had at the Executive Committee meeting of
the Colorado Water Congress this morning.
That, while the purpose of the first paragraph
of the proposed letter may be well understood
to us, the actual language, as prepared, would
throw the State of Colorado into the weakness
of California in that this language calls for
a present declaration of new policy as it
might be interpreted. Therefore, some work
ought to be done on the language to express the

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