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several different occasions and Mr. Moses drafted the report. I , I would like to say this in connection with it, that again we have to recognize the fact that the Constitution of the state of Colorado provides that the right to divert water for a beneficial use shall never be denied. Now we also covered in this agenda item a statement of the principle purposes of this Board, pointing out that it is a pOlicy making Board, it is not a legislative body, and that care should be exercised not to infringe upon the part of the Legislature or the courts in regard to this question, nor to infringe upon the rights of the appropriators who divert water from our streams for beneficial purposes in accordance with the Colorado constitution. I There are three concepts here that we've got to keep clearly in mind. One is that our waters, under-the Constitution, must be applied to a beneficial use and it's just as important that they continue to be applied to a beneficial use under the decisions of our courts as it is that they be acquired for a beneficial use. A fairly recent case in Colorado holds just that - that in order to perpetuate that right we must continue to apply it to a beneficial use. We concluded that dilution was a separate problem and we have all kinds of authority in Colorado to the effect that if pollution becomes a nuisance, it is subject to injunctive action under the existing law but once water is taken from the stream and applied to a beneficial use and once that use has been consummated, the re- turn flow of that water finds its way back into the streams and is public water again by the time it starts back. So it's difficult, if not impossible, to make a general blanket policy covering this matter so we wouldn't find ourselves in trouble perhaps from a legal standpoint. Therefore the resolution that has been presented tries to define the rights of the individual users in the