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BOARD00508
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Last modified
8/16/2009 2:51:25 PM
Creation date
10/4/2006 6:39:51 AM
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Board Meetings
Board Meeting Date
2/17/1958
Description
Minutes
Board Meetings - Doc Type
Meeting
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<br />878 <br /> <br />determined by the commission: Provided: That any prefer- <br />ential use of water to which the Indians are entitled under <br />Article XIX shall be made under this paragraph." <br /> <br />The applicable portion of Article XIX reads as <br />follows: <br /> <br />"Nothing in this Compact shall be construed as: (a) <br />Affecting the obligations of the United States of America <br />to Indian tribes." <br /> <br />I <br /> <br />The feasibility report of the Bureau of Indian <br />Affairs, dated January, 1955, contains the following provision, <br />on page 48 thereof: <br /> <br />'~he Indian Water Rights from the San Juan River in New <br />Mexico have not as yet been defined by a Court decree. A <br />"Reserved" right of Indian tribes to divert and use water flowing <br />in river channels through Indian Reservations has been recog- <br />nized by the Supreme Court of the United States since 1908, <br />207 U. S. 564." <br /> <br />The above quoted language must be considered in the <br />light of the fact that, in the case of Arizona vs. California, <br />now pending in the United States Supreme Court, the United <br />States claims that rights to the use of water for irrigation <br />and other purposes, in connection with the so-called Indian <br />lands, vested upon the creation of Indian Reservations, take <br />precedence over all other rights to the use of water of the <br />Colorado River, and are superior to and free from the pro- <br />visions of the Colorado River Compact. The strong possibility <br />is thus presented that the United States will attempt to im- <br />press all water to be utilized, in connection with the Navajo <br />Project, with such a preferred status as to impose an unjus- <br />tified burden upon the tributaries of the Colorado River, not <br />directly affected by the Navajo Project, for the purpose of <br />supplying deficiencies at Lee Ferry which would result from <br />the application of "preferred status" formulae in the adminis- <br />tration of the affected water rights. <br /> <br />In order that this may not be the result of the I <br />authorization of the Navajo Project, the Colorado River <br />Water Conservation District requests that Colorado's <br />comments, to be submitted to the Secretary of the Interior <br />bearing upon the above reports, contain appropriate language ~ <br />to the end that: <br />
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