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BOARD00226
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Last modified
8/16/2009 2:47:16 PM
Creation date
10/4/2006 6:33:41 AM
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Board Meetings
Board Meeting Date
4/1/1970
Description
Agenda or Table of Contents, Minutes, Memos
Board Meetings - Doc Type
Meeting
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<br />I <br /> <br />in a water adjudication proceeding there. As <br />you will recall, Judge Luby held that he did <br />have jurisdiction over the united states under <br />the provisions of what is known as the McCarran <br />Amendment. The United States then applied to <br />the state Supreme Court for Writ of prohibition <br />to prohibit the state district judge from going <br />ahead. The state Supreme Court held that the <br />state court did have jurisdiction, so the united <br />States applied to the united States Supreme <br />Court for a Writ of Certiorari. I can report, <br />because I read it in the paper not because I <br />have heard officially, that the united States <br />was granted certiorari and therefore the United <br />States Supreme Court will consider the question <br />of whether or not the state court of Colorado <br />has jurisdiction over the United states in state <br />water adjudication matters. The brief of the <br />United states was'primarily toward the question <br />of adjudicating reserved rights. The United <br />States in the Eagle County case has a number of <br />rights whioh it has acquired from people who in <br />turn have acquired them under state law. Al- <br />though their appeal is broad enough to cover all <br />kinds of rights, I have the feeling they are <br />primarily concerned about the right of the state <br />court to adjudicate reserved rights. Of course, <br />it is the reservation question that concerns us <br />because it is unknown. We don't know the <br />quantity involved. <br /> <br />I <br /> <br />I might add that the State of New Mexico <br />is seriously considering applying for leave to <br />get into the United States Supreme Court case <br />as a friend of the court because it is now in- <br />volved in a water adjudication on the pojoaque <br />River involving federal lands and the same <br />questions are involved there. <br /> <br />What the Supreme Court will do when it hears <br />the matter on its merits I cannot tell you, but <br />the Supreme Court has accepted jurisdiction and <br />now will hear the case. <br /> <br />I think that is all I have, Mr. Chairman, <br />unless there are some questions." <br />
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