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WSPP00059
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WSPP00059
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Last modified
1/26/2010 10:47:21 AM
Creation date
10/1/2006 2:01:46 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8200.300.40.B
Description
Colorado River Basin-Colorado River Basin Legislation/Law-Compacts-Upper Colorado River Compact
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
1/1/3000
Author
Jean S Breitenstein
Title
Memorandum-January 16-Peterson Opposing McCarren Resolution and Hinshaw Bill-Memorandum on Proposal to Legal Advisory Committee in Regard to Matters Referred by Compact Commission at Meeting No 5
Water Supply Pro - Doc Type
Report/Study
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<br />....' <br /> <br />favorad by fact findings will urge that the findings of tho Commission are con- <br /> <br /> <br />clusive. If the findings are to be made conclusive, than unanimous action should <br /> <br /> <br />be required before a finding of fact may be made. This would merely mean that the <br />representeti va of a st"te adversely affected by a fact fiIXiing would rei'use to go <br />along wi th the other commi ssion members in making thG finding. Fact finding s ty <br />less than unanimous ection would probably be unaccept.bb to the states and might <br />prevant compact ratific aUon. <br />(b) Proposal. <br />"At the eJqliration of every five year period after the effective date of <br />the Compact, the Commission may, by unanimous consent, review eny provisions of <br /> <br />the Compact which ere not substantive in character and which do not effect the <br /> <br />basic principles upon which the Compact is founded. The Commission shall meet <br />for the oonsideration of such questions at the request of any IIl9mber of the ~om- <br /> <br /> <br />mission. No change in the Compact shall be effective until ratified by the <br /> <br /> <br />legislatur.es of the signatory ste.tes end consented to by Congress." <br /> <br /> <br />Comments. <br /> <br />A comparable clause in the Rio Grande CompAct is th,e besis for this sug- <br />gestion. Some provi sion for periodic I'3viev' should be made. Conditions fifty <br />years from n",,' mi ght nece ssi tete compA c t c h8l1g es. Consi deration might be given <br />to the desirebility of permitting the Commission to review provisions that are <br />substantive. In conll0ction with the Rio Grame Comp"ct there hava bean differ- <br /> <br />ences of opinion AS to what provisions ere substantive and v'hat Are not. <br /> <br />It should be mendatol'Y on the Commission to mJet and consider a request of <br /> <br />any Commissi:oll9l' to review a compAct provision. <br />The proposal would limit r'equ.ests to r,evil3W to the end of succeeding five <br /> <br />yael' periods. This should be batter than to permit I' evi e.., et eny time. <br /> <br />2095 <br /> <br />-10. <br />
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