BOARD00158

• Board Meeting Date: 12/12/1973
• Description: Agenda or Table of Contents, Minutes, Memos
• Board Meetings - Doc Type: Meeting

establish minimum flows for environmental purposes over there. This
may be a matter of interstate controversy, and we may have to take it
into the federal courts, unless we can get some resolution of that
problem that New Mexico will agree to and that our local people can
live with. In any event, the Colorado Division of Wildlife and the I
Bureau of Sport Fisheries and Wildlife are working on that problem
along with our staff. So I would say be early summer in any event
that we should schedule a meeting in Durango or in that area to dis-
cuss that problem. It is a major problem. This involves an area
many times greater than the Fryingpan. ,

Ray Moses also mentioned the matter of intervention by other states.
We were appalled that these other states jumped into this suit.
There were about ten of them originating primarily out of New York
and Florida. And what the hell business is it of their's we know
not. They did not even have the common courtesy to contact the state
of Colorado before they jumped into the Rainbow lawsuit. And what
was more discouraging to us, some of the reclamation states got into
it also, Idaho, Washington, and Texas, all opposing our position in
Colorado. Again. without notifying us or even having the common
courtesy to ask us what the problem was all about. How many of those
have actually filed briefs now I am not advised. There were ten
states which were contemplating filing briefs, and some of those
have been filed requesting the Supreme Court to grant certiorari to
overturn the decision of the Circuit Court of Appeals. It came about
in such a hurry that there was almost nothing we could do about it.
The decision was made and the briefs were circulated and filed
before we knew anything about it. I think the deadline - When is it
IvaI? It is this month?

Mr. Goslin: I believe it is the 18th now, Larry.

Mr. Sparks: We are filing our brief, of course. And the state of
Utah also. But what it amounts to, these other states have now
decided to take a position contrary to Utah and Colorado. It is dis-
couraging and it's almost unbelievable as to what has happened. I
think we will have to take a hard look at what is going on in those
states in the future and see if we can return the favor.

I

That is all I have, Mr. Chairman.

Mr. Stapleton: Thank you. Any questions of the director?

~tr. Berthelson: Larry, on the filing on the Fryingpan there was some
talk that this law would be contested as to its constitutionality.
Apparently there is nobody that is going to contest it.

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