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<br />I decline to vote for it because I think that -- I think it ought to be <br />up to the Supreme Court for a decision on it, before we start. <br /> <br />Mr. Sparks: If we did that, then every citizen would be at liberty to <br />disregard the laws of this state until it was taken to the Supreme <br />Court. In such case, we would have to add a. huridrea members to the <br />Supreme Court to answer~that type of endless litigation. <br /> <br />Mr. Fetcher: I think that the han8up with us irrigators is that we are <br />fearful that the stream will be locked up in its present adjudications, <br />and that there will be no opportunity to do those existing practices <br />that you referred to. For instance, the moving of senior decrees up <br />and down a river might be precluded. I think that is Clarence's main <br />concern, as well as John Benton's, if I may quote him, and we are <br />fearful of that in our area. I am not enough of a judge to know what <br />the problems are on the Crystal River right now, but it seems to me <br />that Senate Bill No. 413, which I just briefly read, does in some way <br />answer my objections, in that it would mean that this Board would not, <br />as I understand it, would not protest the exchanges or the moving of <br />water rights. Do I read that correctly? <br /> <br />Mr. Sparks: Not if it is an existing practice. I told the legislature <br />that I was quite sure we would be willing to stipulate that any existing <br />practices would be confirmed and made a part of our decree. <br /> <br />Ylr. Fetcher: What do you mean by "existing practices 1I? For instance, <br />in our area, we are contemplating changing some junior rights from a <br />tributary to, let's say, the main stream of the Yampa. We have not <br />done anything about it yet. It is not an existing practice, but we are <br />planning to do this in the near future. <br /> <br />Mr. Sparks: If in fact this Board had a decree, junior decree, or any <br />other water users, I am sure there are many other junior water decrees <br />also in your area, we would have a right, in the event that decree <br />interferred with the appropriation we might have. We would have not <br />only the right, but also the obligation, to protest that. <br /> <br />Mr. Fetcher: Yes. <br /> <br />Mr. Burr: That is what I am scared of. <br /> <br />Mr. Sparks: Otherwise, the law is a nullity. There is no point in our <br />making an appropriation. This will cost several million dollars and <br />take some fifteen years of work. There is no point in making an appro- <br />priation if it is no good. <br /> <br />Mr. Burr: I have always thought the Senate Bill No. 80 was a bastard, <br />and this is worse. <br /> <br />Mr. Sparks: The battle was fought in the legislature, Clarence, and it <br />decided the issue. <br /> <br /> <br />Mr. Burr: They make mistakes, too. <br /> <br />-8- <br /> <br />I <br /> <br />I <br />