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<br />say the heart. but it makes it more difficult to consider the consti- <br />tutional amendment at this time. He has been suggesting that it be <br />held over until the special session. which ,assumes that the Governor <br />will put it on his call. I am sure that would be the cClse if it <br />didn't pass this time. On the other hand. there is a possibility that <br />there will be some constitutional amendment passed at this session <br />and that we should go ahead now. <br /> <br />I would like to say as a lawyer that I agree with Larry Sparks. <br />can't possibly see how the constitutionality of Senate Bill 97 <br />be finally determined by the courts before the end of the 1974 <br />So I personally don't see any reason to delay going ahead with <br />constitutional approach at the same time. <br /> <br />I <br />will <br />session. <br />the <br /> <br />I <br /> <br />Is there any more discussion on these matters by the board? Quincy. <br /> <br />Mr. Cornelius: Mr. Chairman, as a lawyer. do you feel this is Uncon~ <br />stitutional? <br /> <br />Mr. Stapleton: If I knew it were unconstitutional. I would be the <br />wealthiest lawyer in Colorado. All I can say is that I think we have <br />to say that there are serious constitutional questions in Senate <br />Bill 97. I think to do less would be not being candid with these <br />committees with whom we work. They may very well want to attempt <br />interrogatories or get the Attorney General's opinion. cr anything <br />else they might want to do before they consider it. I just think in <br />the interest of being candid we have to say that is what we believe. <br /> <br />Mr. Cornelius: I feel that one of the big problems that our legisla- <br />ture has had in the past is that it is probably passing too much <br />legislation and it wasn't carefully enough considered. I would hate <br />to see something passed by the lesislature which wasn't good legisla- <br />tion. If there is a feeling that this isn't constitutional. the <br />provisions I think should be changed so that it would be more accept- <br />able. <br /> <br />Mr. Stapleton: Well Quincy. some of the best water lawyers in the <br />state say that we are wrong. I would say they are entitled to great <br />weight with this board. I think it is up to the water committees of <br />both houses to take this into account. <br /> <br />Let me entertain a motion (if somebody is willing to make it) to the <br />effect that we endorse the language of Senate Bill 97 in principle, <br />that the director and the staff. including the attorney for the board. <br /> <br />I <br /> <br />-14- <br />