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<br />Questions for John U. Carlson <br /> <br />Question: There is a safety clause in the Compact, as I recall, <br />regarding the allocation of the river in the instance of an <br />insufficient supply. We might be approaching that situation, and I <br />was wondering what your thoughts are in terms of how the Secretary of <br />the Interior might deal with that? <br /> <br />.. <br /> <br />Carlson: In different articles they provide for renegotiation. The <br />problem is that the language requires unanimity of all concerned, and <br />no right that has been perfected under this Compact can be affected <br />by that renegotiation. My own feeling, for Colorado, is that I cannot <br />imagine why in the world we would think we could do better in 1992 <br />then we did in 1922. In 1922, the relative quantities of water use <br />in the Upper Basin and the Lower Basin were approximately equal. The <br />tide has turned and the uses in the Lower Basin are enormously larger <br />than those in the Upper Basin. I am concerned about Colorado, and I <br />am concerned about this area. I think we can only expect less if <br />there was to be a renegotiation. That leads to finding other <br />alternatives. In the paper that I wrote, I discussed renegotiation <br />and whether a congressional, remedial activity was realistic. It is <br />hard to imagine that as a plausible solution for Colorado because we <br />do not have the votes. That brings me back to the question of whether <br />the Colorado River Compact was founded on a mistake and could be <br />judicially reformed, or remedied. In the paper I addressed the pros <br />and cons of this. I think the great risk of litigation concerning a <br />compact is that there is no real settled body of law that a court is <br />obliged to apply. It is a matter that is addressed in the United <br />States Supreme Court and they are entitled to do what they think is <br />equitable. I do not know what equity is and I wonder if they do. <br /> <br />John Carlson's remarks have been edited by the staff at the Colorado <br />Water Resources Research Institute. Mr. Carlson passed away on <br />October 17, 1992. Carlson was a highly esteemed figure in the western <br />water arena, who will be greatly missed. <br /> <br />"i <br /> <br />. <br /> <br />9 <br />