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BOARD01477
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Last modified
8/16/2009 3:02:20 PM
Creation date
10/4/2006 6:56:16 AM
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Board Meetings
Board Meeting Date
2/5/1969
Description
Agenda or Table of Contents, Minutes, Memos
Board Meetings - Doc Type
Meeting
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<br />I <br /> <br />MR. SAYRE: <br /> <br />MR. KROEGER: <br /> <br />MR. SAYRE: <br /> <br />MR. SPARKS: <br /> <br />I <br /> <br />MR. BITTINGER: <br /> <br />MR. KROEGER: <br /> <br />MR. BITTINGER: <br /> <br />with the maximum utilization of the waters <br />of the state. <br /> <br />I think if you were wearing your old <br />hat, Larry, of lawyer and a client said to <br />you 'What does that mean?', you'd have to <br />say, 'Well, we'll have to wait and see'. <br />And I don't think any words such as those <br />should be incorporated in new legislation. <br />I would prefer to stick with our old law <br />as we now have it and I don't think you can <br />change this law as to present rights anyway. <br />They are property rights, it's vested, and <br />you can't do anything to those unless you <br />do it constitutionally." <br /> <br />"May I speak to this point, Mr. Chairman?" <br /> <br />"Certainly. " <br /> <br />"I'm surprised at Mr. Williams stating <br />this. To be real frank, I don't believe he <br />has read the Fellhauer case. I think that <br />Justice Groves has set out that vested rights <br />and the maximum utilization of water are both <br />required under the constitution. I think <br />this is a paraphrase of what Justice Groves <br />has said. I think that is a law of the <br />state as well as anything else, and I think <br />it is a recent pronouncement and it should <br />be left there." <br /> <br />"Mr. Williams, you asked what I might <br />advise a client. These remarks about lawyers <br />today have gone over my head. I am no longer <br />a dues paying member of the Bar Association <br />and I list my occupation as 'State Employee' I " <br /> <br />"Mr. Chairman." <br /> <br />"Yes, sir. This is Mort Bittinger." <br /> <br />"I'm Mort Bittinger. I was one of the <br />engineering consultants on some of the <br />earlier work that was done here. I didn't <br />
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