BOARD02257

• Board Meeting Date: 3/13/1963
• Description: Table of Contents, Agenda and Minutes
• Board Meetings - Doc Type: Meeting

I

I

or whether it's all of the flow of the stream.
Presumably this would be a matter that would
have to be d~cided by the courts.

Some attempts have been made in the past
to appropriate the flow of natural streams for
fishing purposes and I believe in one recent
case in Judg~ Darrow's court, he threw out an
adjudication for this purpose. That's my im-
pression. He refused to recognize an adjudica-
tion for this purpose. You wouldn't need a
moratorium as expressed in the other bill if
this bill passed because then it would be possi-
ble for the Game and Fish Department simply to
say 'We hereby appropriate the flow of this
stream'. This bill was not prepared by the
Game and Fish Department and they have expressed
no attitude that I know of in respect to it."

MR. KUIPER:

"Do you suppose it would be helpful to read
this Section 3, Larry?"

MR. "lHITTEN:

"And Section 2 too."

MR. SPARKS:

"The bill states, in Section 2, that 'The
game and fish commission of the state of Colo-
rado is hereby authorized and empowered as the
exclusive agency of the state of Colorado to
appropriate and adjudicate water in the name
of the state of Colorado for the use and bene-
fit of the general public, as a domestic or
other use for preservation and propagation of
fish or wildlife. Nothing herein shall be con-
strued to be in derogation of the power of any
agency of the state to appropriate and adjudi-
cate water for other purposes'.

That Section simply establishes the Game
and Fish Department as the exclusive agency
to appropriate water for game and fish.

Section 3 states 'Application of water
appropriated hereunder to beneficial use shall
be evidenced by affirmative acts of the agencies
or employees of the state of colorado in utiliz-
ing water as herein provided for, and removal