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BOARD01764
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Last modified
8/16/2009 3:06:48 PM
Creation date
10/4/2006 7:02:00 AM
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Board Meetings
Board Meeting Date
2/16/1960
Description
Minutes
Board Meetings - Doc Type
Meeting
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<br />.&.vvv <br /> <br />MR. SPARKS: <br /> <br />"That's a matter for our courts to determine. <br />We can never determine that." <br /> <br />MR. BURR: <br /> <br />"Any change of diversion of water and using <br />it for another purpose altogether is bound to <br />have some effect on some people, somewhere." <br /> <br />I <br /> <br />MR. SPARKS: <br /> <br />"That's true, and that's the reason we have <br />the courts of this state to decide that. That's <br />something this Board can never decide. That is <br />a determination which can only be made by the <br />district courts and the Supreme Court of the <br />State of Colorado." <br /> <br />MR. BURR: <br /> <br />"You buy a decree up the river and cause a <br />diversion to be taken downstream and the pumps <br />going along, etc., and there is a certain amount <br />of run-back, or a certain amount of water going <br />back into the river, and you take it down and put <br />it in a permanent pool,you're taking it out of <br />circulation completely." <br /> <br />MR. SPARKS: <br /> <br />"Mr. Burr, if you purchase any irrigation <br />right, or reservoir right, you are only allowed <br />credit to this pool of the depletion factor." <br /> <br />MR. BURR: <br />MR. SPARKS: <br /> <br />"It don't state so in here, does it?" <br /> <br />MR. BURR: <br /> <br />"The Federal Government has nothing to do <br />with that. That's a matter of our state law." <br /> <br />"Well, I thought maybe we should know some- <br />thing about the state laws in working this out <br />so we could know something, instead of putting <br />the green light on this proposition and just to <br />turn it over to some agency. We are really <br />eliminating ourselves from it." <br /> <br />MR. SPARKS: <br /> <br />"Of course I can't quite follow that because <br />our state law is established and it has nothing <br />to do with this legislation. The Game and Fish <br />Department must work under the framework of our <br />state law. They can't avoid it, and our law is <br />quite explicit on change of point of diversion. <br />It can't be done if injury is shown to any other <br />appropriator. That's the law, We can't change <br />it, or modify it or increase it in Federal legis- <br />lation." <br /> <br />I <br /> <br />MR. BURR: <br /> <br />"I think there is quite a lot of pressure all <br />right, for a permanent pool, and I think it <br />
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