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<br />. <br /> <br />. <br /> <br />11 <br /> <br />i> <br /> <br />MR. iBREITENSTEIN: I don't think Charlie mentioned the new McCarran <br />Reso1~tion wijich has been introduced. I think that is enough reason in itself <br />for continuing the committee. <br /> <br />CHA~ffi~AN.STONE: I think that is very important and I had that in mind. <br />That leads up to a more recent development, a different approach by the State of <br />California; ~d I will ask Mr. Breitenstein to report on that. <br /> <br />MR; Il3REITENSTEIN: Well, about six weeks ago Senator McCarran of Nevada <br />introduced a ~eso1ution giving consent to the joinder of the United States in <br />any adjudica~on suit for the determination of rights to the use of water of any <br />river system., If the united States is so joined, the United States has the right <br />to remove thei case to Federal Court. <br /> <br />I have discussed the Resolution with representatives of the Department <br />of Justice. Whey tell me that the Resolution was introduced because some of <br />Senator McCarran's former law partners, or at least one of them, represented <br />people in a situation affecting Indian rights on reservations in Nevada, and the <br />litigation of'those rights was being held ~p because of the refusal of the United <br />States to participate in the litigation. Whether or not that is the true back- <br />ground for the introduction of the Resolution I do not know. <br /> <br />The nesolution as so worded would permit, in my opinion, if passed, the <br />State of California to sue the other Colorado. River Basin States and the United <br />States in an $riginal suit in the United States Supreme Court. For that reason <br />there is the eame justification for fighting this Resolution as there is those <br />to which Mr. ~arson has referred. <br /> <br />The ~esolution has been referred to the Senate Judiciary Committee. I <br />feel it is important for you to keep in touch with that Committee, and if it is <br />set down for tlearing to be represented. <br /> <br />Lastiweek I asked some of the men of the Department of Justice if there <br />would be a he~ring during this Session of Congress and they said it was their <br />information ttiat there would be no hearing during the present session. <br />, <br /> <br />cHArrjMAN STONE: That is a matter of real importance to this Committee <br />.since it is a imere continuation of the California effort which this Committee <br />has resisted qver a period of about three years. <br /> <br />I think it would be appropriate to entertain a motion to accomplish two <br />things: Firs~, that the Committee resist the more recent Resolution introduced <br />by Senator McQarran of Nevada, and continue such efforts .as may be necessary or <br />required unde~ the procedure in Congress for resistance to the Resolution which <br />was intrQduce~ this year; and that the committee appointed by the Colorado River <br />Basin States Gpmmittee should be continued to carryon that work. Off the record. <br />(Discussion off the record.) <br /> <br />MR. ~IN: Mr. Chairman, I would like to make the motion as stated by <br />the Chairman with the additi.on that the Chairman be instructed to contact the <br />states invo1ve~ regarding the membership and make any corrections or additions <br />that are neces~ary to make the committee conform to present membership. <br /> <br />,,. - <br /> <br />