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. . . Western States Water Council Legal Conrinittee Boise, Idaho April 21, 2005 STATE LAND AGENCY CLAIMS TO WATER UPDATE Bill Staudenmaier noted that claims had been advanced by the respective land agencies in both Arizona and Nebraska relating to reserved rights. 22 states have trust lands, which were set as~de by the United States for use to support schools and other trust obligations. The claims contemplated water to fulfill these purposes. Bill described the status of the claims in the adjudication in Arizona and New Mexico. A similar claim in Montana had been dismissed by the state's supreme court. Bill Hume of New Mexico noted that the federal government and the tribes, as well as all private parties in New Mexico were opposed to the state land agency's claims, and discussions were ongoing with the land commissioner in New Mexico about the impact of these claims. Jim Davenport noted that, given the basis of the Winter's doctrine and an implied congressional intent, these claims would rationally be based on a similar argument, given the language that was used in setting aside these trust lands. After some further discussion, it was determined that the Council should continue to follow the progress of existing litigation, and other claims that need to be advanced, and then decide how the Council should respond. REVISED LEGAL COMMITTEE WORK PLAN The work plan was reviewed, highlighting revisions that had been made to the work plan consistent with the discussions at the last meeting in Albuquerque. With regard to the changes in the item regarding amicus curiae support, Craig Bell mentioned that he had talked with Tom Gedde, Director of the Conference of Western Attorneys General (CWAG), given their role in facilitating amicus curiae briefs on major issues in the West. Tom had been encouraging with regard to a more proactive role by the Council in this effort. Craig recommended that, given the CW AG role and the potential size of the undertaking, it would be well to coordinate our efforts with CW AG, and also to expand the amicus curiae subcommittee membership. Bill added: "I don't envision this body wrapped up in writing many amicus briefs, but if we can alert people to cases as they progress and find a way to participate in the process of deciding where our western states want to sign onto amicus briefs, then I think that is what is contemplated." OTHER MATTERS There being no other matters before the Committee, the meeting was adjourned. F:\MINUTES\LEGAL.ID 5