BOARD00100

• Board Meeting Date: 5/11/1960
• Description: Minutes
• Board Meetings - Doc Type: Meeting

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in effect is the proposition that New Mexico
has proposed from the very start which we
have refused time after time, and now, in my
opinion, in a method of appeasement, in
order to accomplish the passage of their
'bills and perhaps get other development of
the state, we are now surrendering our water
rights. To go back to the study that was
headed by Mr. Riter, in the years '54, '55
and '56, which are the shortest years of the
past 15, the burden falls upon the Animas.
During the rest of the time the Animas takes
some of it, the Navajo Reservoir passes a
larger quantity, yes; but in the short years
when a little water is very ~mportant, those
are the years that the burden falls on the
Animas River. '

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We have no objection to subparagraph (b).
We think it is innocuous. Subparagraph (c),
the first part of it again we feel is innocu-
ous but the last clause in it we feel is
perhaps damaging, in that it can perhaps carry
an" inference that the laws of the state of
New Mexico will supersede the Compact', or any
other applicable"laws, as to the points of
delivery and place of use of the water. Under
the Compact, Colorado is required to deliver
to the state of New Mexico sufficient water
to allow New Mexico to make full use of the
water allocated to New Mexico.' It doesn't
say we have to deliver it in this river; it
doesn't say we have to deliver i t'in that
stream; it says we have to deliver it where
they can make use of it. Now if"-we deliver"
it to them ata point where they can make use
of it, even though they may not want to use
it, that's their tough luck. Our problem is
to deliver them the allocated water at a point
where they ~ make ~ of it. and we maintain
that we have the right to deliver that water
in the San Juan River as long as we fulfill
the requirements of the Compact.

, Now I have here a statement made by Mr.
S. E. Reynolds, the New Mexico state Engineer,
that was handed out to those attending and
present at the meeting, joint meeting, be-
tween delegates of both states in Denver on
March 14, 1960. His statement indicates that
the amount of water that we are talking about
can vary between 900 acre-feet per year - 900