BOARD01820

• Board Meeting Date: 4/14/1965
• Description: Minutes
• Board Meetings - Doc Type: Meeting

I

MR. STAPLETON:

MR. BARKLEY:

MR. STAPLETON:

MR. BARKLEY:

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down to some difference of theory in water
usage at this point. If the United States
makes use of the water through the generators
at Green Mountain, this is beneficial use
under Colorado law, and it goes back to the
supreme subject of appropriation by others
after its return to the stream. While we
have some reservations about the Justice De-
partment's theory that the united states
retains dominion and control over the water
and can generate both power and also resell
the water downstream for second usage, we
have no reason to make any comment other than
to state it for the sake of the record and
bring it to your attention."

"Mr. Barkley, didn't we have a request
from the City of Fort Collins a while back
to use Adams Tunnel for some use (I don't
recall the details) and the Board took no
action?"

"Yes, that is correct, Mr. Chairman."

"I just wondered whether we were being
inconsistent here in taking some action and
not taking the same position on Fort Collins.
I don't remember the details."

"No, I think not. I think the character-
istics within these two questions, Mr. Staple-
ton, are quite different. The city of Fort
Collins had some apparent interest for a while
in the acquisition of some direct flow rights
on the western slope above Grand Lake and ex-
pressed a possibility of having the point of
diversion changed from Water District 51 to
Water District 3 in transporting such portion
of that right as might be allowed in a change
in point of diversion, character of use, suit
in Grand County, as to use by the City of
Fort Collins. The quantity of water, however,
was very small and in the complexities that
appeared to the city in the course of negotia-
tions for it, I think, at this point they have
abandoned the idea of doing anything.