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BOARD01326
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BOARD01326
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Last modified
8/16/2009 3:00:28 PM
Creation date
10/4/2006 6:53:24 AM
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Board Meetings
Board Meeting Date
12/13/1967
Description
Agenda or Table of Contents, Minutes, Memos
Board Meetings - Doc Type
Meeting
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<br />J U.LV <br /> <br />MR. MOSES: <br /> <br />MR. GEISSINGER: <br /> <br />in c'Ourt. If we are g'Oing to c'Ondemn a piece <br />'Of land and it looks like maybe it's worth <br />$25,000 or $50,000, where's the Water Board <br />g'Oing to get the money to guarantee in court? <br />Yau lawyers aught t'O be able ta answer that." <br /> <br />I <br /> <br />"It wan't be the Board that brings the suit." <br /> <br />"No. The suit, 'Of course, would be braught <br />in the name of the State 'Of Col'Orad'O. H'Owever, <br />what yau just referred to about deposits 'Only <br />applies to federal condemnatians. Nevertheless <br />we wauld have te be in a pasition. as a back <br />stap, if these l'Ocal cammunities don't them- <br />selves exercise the right 'Of condemnatian and <br />then canvey to us. yau are quite correct. We <br />wauld have to ga 'On int'O court, the state, and <br />exercise the right 'Of c'Ondemnatien. We wauld <br />have to have same moneys t'O pay whatever might <br />be determined in a candemnati'On suit t'O be the <br />reasonable value of the lands taken and als'O 'Of <br />the lands damaged. <br /> <br />There is 'One other thing that concerns me <br />a little here which is a related problem. That <br />is, the questi'On 'Of maintenance 'Of the channel. <br />I assume that if n'Obady else maintains it once <br />we acquire it that there again the state would <br />be in a positi'On where it w'Ould have t'O pravide <br />the maintenance far this channel under an agree- <br />ment with the Corps 'Of Engineers. <br /> <br />It is very essential, as Mr. Sparks has <br />stated, that we have seme agency ta guarantee <br />these matters as far as the carps of Engineers <br />is cancerned. Ultimately I think it is g'Oing <br />t'O be 'Our respansibility in the present circum- <br />stances te carry through en these matters. Sure <br />there is a passibility of its costing us maney, <br />both from the standpaint of c'Ondemnation and from <br />the standpoint 'Of maintenance. But if there <br />isn't anyene else in a pesitian t'O meet these <br />abligati'Ons. we aren't going ta have a Chatfield <br />praject. In ather wards, these are basic re~ <br />quirements 'Of the federal law and the Carps won't <br /> <br />I <br />
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