BOARD01914

• Board Meeting Date: 12/4/1974
• Description: Agenda or Table of Contents, Minutes, Resolution
• Board Meetings - Doc Type: Meeting

We don't know of any case where we can apply it where we come up with
a great difference between depth and velocity to the extreme. unless
we are talking about a verticular fall.

-.t.

Mr. Stapleton: All right then to summarize this. we are going to be
calling for additional comments on the model floodplain regulation by~~
the 31st of December. I will ask Mr. Sparks to get to the board and"'.: I
the other publication lists a new draft, hopefully a final draft. I -I:,
think it ought to indicate in appropriate legal fashion the changes
that have been made so we don't have to pour over one. two and now a
third draft to see where we are. with the idea in mind that at the
February meeting we will have a final draft to approve. We would appre-
ciate your comments. We will see how the time goes at the February
meeting. whether we will have any additional oral presentations if we
think it is in your interest and the board's interest. we will. Other-
wise. we will ask the staff to rely on your written additional comments.

Is this all anybody would care to talk about on this agenda item?

Mr. Vandemoer: Are we voting on this?

Mr. Stapleton: 1 think with the remarks that were made earlier, we
could say that we are in the process of finalizing it and that is where
we. stand now.

Mr. Sparks: We have been under preasure to get this finalized. This
1s coming from some people in the legislature. but at the same time I
got a call from the Governor's office to hold up. We are caught
between the executive office on one hand and the legislature on the
other.

Mr. Stapleton: And Mr. Sparks is under civil service. All right. I
think we are going to be able to finish this agenda without any breaks.
1 remember when Mr. Bill Nelson was on the board he always complained
that I had the longest meetings without a break that he ever heard of.
I think we can complete it within the next half hour so I am going to
go right ahead.

Would you give us the attorney's report. Mr. Moses.

Mr. Moses: Yes> speaking as one who is not under civil service. I
have already commented on the minimum stream flow litigation we have on
the Fryingpan and on Pitkin County applications, so I won't speak to
either any further. We did file at the board I s instructions applications
for minimum stream flows on streams in Division 4. Time for protests I
has not yet expired. We have heard no protests and I assume they will
go through without controversy.

Two other matters I should call to the board's attention. The Tenth
Circuit Court of Appeals reversed Judge Finesilver in the Akin case
and held that Judge Finesilver should try the claims of the federal
government in the Federal Court in Denver and not send them to the water
court in Division 7. It is the intention of our attorney general to
apply to the United States Supreme Court for a writ of certiorari to

~6l-