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BOARD01799
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Last modified
8/16/2009 3:07:09 PM
Creation date
10/4/2006 7:02:22 AM
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Board Meetings
Board Meeting Date
9/8/1961
Description
Minutes and Resolution
Board Meetings - Doc Type
Meeting
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<br />for the welfare and benefit of this state and <br />its inhabitants'. <br /> <br />As Mr. Barnard has said, the Upper Colorado <br />River Compact is also the law of the state and <br />in case of conflict I think that Colorado is I <br />bound by the provisions of the Compact. Its <br />provisions as to the powers and duties of the <br />Commissioners are set forth in Article VIII, <br />Section (c), which has numerous things, mainly <br />administrative in nature, but in Paragraph (12), <br />which is more or less the catch-all clause of <br />that section of the Compact. it says 'Perform <br />all functions required of it by this Compact <br />and do all things necessary. proper or conven- <br />ient in the performance of its duties hereunder, <br />either independently or in cooperation with any <br />state or federal agency.'. It had previously <br />set out such things as to establish gaging <br />stations. make estimates as to runoff. engage <br />in cooperative studies, collect data. make find- <br />ings of the quantity of water, and so on. <br /> <br />So I think you can make a pretty solid <br />argument either way although the enumerated <br />powers of the Colorado River Commissioner are <br />not as broad as the enumerated powers of the <br />Colorado Water Board. but they are functioning <br />on two different levels - one is an interstate <br />compact and one is the Colorado Water Board <br />which was established for the purposes which I <br />read in paragraph 1 which seems to me to be <br />the mandate of the Legislature as far as this <br />Board is concerned. 'to aid in the protection <br />and development of the waters of the state'. <br /> <br />MR. BARNARD, JR.: "I might say that in this connection, you <br />don't want to overlook the fact that there is <br />a later statute creating the Department of <br />Natural Resources of which this Board is an <br />agency. which provides that in matters of policy, <br />conflict between state agencies (which is not <br />something we are dealing with here at all in my <br />opinion) that the policy will be coordinated by <br />the Director of Natural Resources and the Gover- <br />nor will be the final decider of policy. Then <br />it goes ahead and says that 'However this ,shall <br /> <br />I <br />
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