BOARD00508

• Board Meeting Date: 2/17/1958
• Description: Minutes
• Board Meetings - Doc Type: Meeting

tJ'/3

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Mr. Eakes continued by calling the Board's atten-
tion to two items which his people think important. The
first is Clause IX in the Rio Grande Compact and the effect
of this clause upon the Upper Colorado River Compact. This
is one of the basic points they are standing on. Under this
clause any diversions from the San Juan River in Colorado to
the Rio Grande must protect present and prospective uses of
water in Colorado. He thinks this gives his Board a legal
stand in their demands. His second point he thought particu-
larly notable at this time, was Article VI of the Upper Colo-
rado River Compact which provides, in part, that the Governors
of the States effected shall appoint commissioners with power
to consider and adjust such claims. They feel, as far as the
San Juan Basin is concerned, that this would not only be a
good thing but they consider it a must; that they could not
have the San Juan and Navajo irrigation projects constructed
without protection to their interests in the San Juan Basin.
His Board does not think that Colorado will allow that to hap-
pen when there is a definite probability that the construction
of those projects will impede the use of Colorado water by
Colorado. They do not believe that it would be at all advis-
able for them to agree in any way to allow New Mexico to ob-
tain authorization for this project if they can keep them from
it.

'~e ask the State of Colorado to phrase
its comments in such a way that we don't
point out particular items of difference;
that we merely say that we have some dif-
ferences that we have to work out with
the State of New Mexico before authoriza-
tion is granted."

Mr. Barnard, Sr. spoke on the above articles in
both the Rio Grande Compact and the Upper Colorado River Com-
pact. He pointed out that New Mexico has the right to use'
its water as New Mexico wants to use it so long as it does
not interfere with Colorado's uses.

MR. EAKES:

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In the general discussion that followed the problem
of Indian rights was also included.

It was then pointed out by Mr. Barnard, Jr. that
these matters being discussed had never been presented to the
State of New Mexico so he thought it would be difficult to
tell them that Colorado cannot support their project and will