BOARD01799

• Board Meeting Date: 9/8/1961
• Description: Minutes and Resolution
• Board Meetings - Doc Type: Meeting

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the water policy for this state. Now is that
specified in the statute?"

MR. BARNARD, JR.: "No, it is not specified in the statute. I
don't think that's the case. The Board has the
duty, as an agency of the executive department
of the state of Colorado, within proper areas
to foster and promote the development of the
waters of the state and cooperate with federal
agencies and other states and that sort of thing.
The water policy of the state is fixed partly
by the Constitution of the state of Colorado,
mostly by the Legislature of the State of Colo-
rado, partly by this Board and partly by the
other people who have responsibilities dele-
gated by the Constitution and the statutes.
For one thing, the statute specifically pro-
vides that the Board itself has no jurisdic-
tion in respect to matters that are within the
jurisdiction of the Planning commission or the
jurisdiction of the State Engineer. So when you
say the water policy of the state, this is fixed
by many agencies and many departments. This
Board has certain duties to perform, particu-
larly in connection with federal projects."

MR. STAPLETON:

MR. MOSES:

"I'd like to then call on Mr. Moses to see
if he has any further comments on the legal
basis for this Board or the Commission."

"I don't think this is the time or the
place to get into an argument about the powers
of the Board. They are set forth in the
statute here. I think they are broad. The
Board is the policy agency as established in
the creation of the Water Board as set forth
in 148-1-1 which says 'For the purpose of aid-
ing in the protection and development of the
waters of the state, for the benefit of the
present and future inhabitants of the state,
there is hereby created a Colorado Water Con-
servation Board with the powers and duties
herein set out. Said Board is hereby declared
to be an agency of the State and the functions
it is to perform as set out in this Article are
hereby declared to be governmental functions