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<br />Anti-Export Statutes <br /> <br />As you are aware, the U.S. supreme Court has recently <br />addressed itself to the constitutionality of a Nebraska <br />anti-export statute (Sporhase V. Nebraska, July 2, 1982). <br />Colorado has two statutory provisions concerning the export of <br />water from the state (sections 37-81-101 through 103, CRS 1973, <br />as amended, and section 37-90-136, CRS 1973, copies of which are <br />attached). In light of the U.S. Supreme Court's decision and the <br />proposed Aquatrain project, I believe it would be well for the <br />Board to review Colorado's statutes in order to determine whether <br />any changes might bp. in order at this time. <br /> <br />The Interim Committee on ~griculture and Natural Resources <br />has proposed a bill (attached) which would make it clear that <br />section 37-81-101 applies to ground water. The Attorney <br />General's office is also in the process of reviewing the <br />anti-export statutes. <br /> <br />I recommend that the Board ask the Attorney General, State <br />Engineer, and staff to prepare recommended changes in the <br />anti-export statutes, if any, and present them to the Board for <br />its consideration at the January meeting. <br /> <br />J\~/gl <br /> <br />Enclosures: as stated <br /> <br />MEMORANDUM <br /> <br />-2- <br /> <br />11/18/82 <br />