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<br />constitutionality before action is taken. We have been directed by the <br />legislature to take these actions. I would strongly urge that we <br />proceed with due diligence to carry out this directive.' . . <br /> <br />Mr. Sparks: The legislature could relieve us of this authority and turn <br />it over to the Division of Wildlife, for instance. Some people prefer <br />that this Board have that authority, <br /> <br />Mr. Fetcher: Mr. Chairman, I am all for minimum stream flows, and I <br />feel that there should be some provision for minimum stream flows, but <br />I am not prepared to vote "yes" on this, unless I am reasonably sure <br />that the particular ones that are under consideration will not affect, <br />as far as we can see, any future changes in the irrigation rights on the <br />particular stretches that we are talkinr. about. I don't know enough <br />about those to be able to say "yes" or 'no." I would like to know if <br />there are any persons here, when we come to voting on it, that would <br />protest the particular minimum flows that we are discussing. Do you <br />get the thrust of my question, Ben? <br /> <br />Mr. Stapleton: Yes, and Rolly Fischer,would you like to comment on <br />that -- I saw your hand up -- would you please come forward so the <br />reporter and all of us here will hear your question and get it properly <br />recorded. <br /> <br />Mr. Fischer: Mr. Chairman, following your comments about the reporter, <br />you will notice who is at my right. Mr. Halcomb is to my right, both <br />geographically and politically. I told you that you had a show crowd <br />here today. Mr. Chairman, we have brought for consideration of this <br />Board, copies of a statement prepared by our counsel, Mr. Kenneth <br />Balcomb. Mr. Chairman, I would like to comment on the minimum stream <br />flow questions, both generally and specifically. At the board meeting <br />in Denver, I believe in February, we commented on minimum stream flows <br />on streams within the boundaries of the Colorado River Water Conserva- <br />tion District. At the same time, Mr. Ward Fisher commented on minimum <br />stream flows and effects on changes in the Poudre. No. l, Mr. Chairman, <br />the Colorado River Water Conservation District would like to request <br />that this board defer action on min:~mum stream flows in the Crystal, <br />Beaver and Hunter Creek. At this time I would like to background the <br />board a little-bit on three items that are directly related through <br />action taken by the Colorado River Water Conservation Board on April 15. <br />I would like to use the method to get it into the record, of reading <br />motions passed by our board at that time, if I may have your leave to <br />do so? <br /> <br />Mr. Stapleton: Okay. <br /> <br />Mr. Fischer: The board passed a motion in support of Senate Bill No. <br />413, First Session, Fiftieth General Assembly, concerning water rights <br />by the State of Colorado involving minimum stream flows and lakes, with <br />amendments adding "such appropriation of minimum stream flows shall <br />not create such a right in this state as may permit it to object or to <br />be protected in any existing or future exchange of water, whether or <br />not such exchanges are protected by Court decree as, or as may be <br /> <br />-10- <br /> <br />I <br /> <br />I <br />