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<br />,J~O'T <br /> <br />, <br /> <br />MR. STAPLETON: <br /> <br />MR. MOSES: <br /> <br />water; it points out that waste, under no cir- <br />cumstances, can be tolerated; and that what con- <br />stitutes a beneficial use today may be waste <br />tomorrow and if you can treat these pollutants by <br />other means, water shouldn't be used for those <br />purposes. Because it is so tied in with the cir- I'" <br />cumstances and facts of the individual case where <br />under one set of facts it might not constitute a <br />beneficial use and on the other hand it might be <br />considered as waste, we came up with the conclu- <br />sion that it should be a directive to the staff <br />more or less in line with what I think Mr. Kuiper <br />had in mind in the beginning. So the resolving <br />clause reads: <br /> <br />'The Colorado Water Conservation Board adopts <br />as a policy the position that unnecessary and <br />wasteful use of water can never be condoned; that <br />use of water for the treatment of pollutants that <br />lend themselves to economical treatment by other <br />means should not be permitted to the material in- <br />jury of other water users on the stream when such <br />use prevents the greatest utilization of water for <br />the welfare and benefit of the state and its pre- <br />sent and future inhabitants.'" <br /> <br />"Mr. Moses, do you have any further comments <br />you'd like to make?" <br /> <br />"I just want to make public acknowledgement of <br />the assistance t~at Mr. Geissinger and I got from <br />some very able counsel who were concerned with <br />this matter. I won't embarrass them by naming <br />them but there were several of them in various <br />parts of the state: I think Mr. Geissinger <br />has pretty well covered it. ~le have, in our <br />report, tried to set forth the matters which <br />Mr. Geissinger stated and come up with a policy <br />which we think will serve as a directive for the <br />staff. Now again, I think we must keep the legal <br />aspects of pollution separate from beneficial <br />use because you may have pollution in connection <br />with the beneficial use; you may have pollution <br />which can be enjoined in connection with a <br />perfectly beneficial use but it constitutes <br />such a nuisance that the courts will not <br /> <br />1 <br />