BOARD01303

• Board Meeting Date: 1/14/1960
• Description: Minutes
• Board Meetings - Doc Type: Meeting

1774

River Ba~in Compact which are somewhat
different: than the rights the United States
would have if these limitations are effective,
and no mention specifically, is made of the
fact that the indian rights rest neither on the
statute nor the compact, although they are
recognized by the compact. The problem is - I
I think we all recognize this - if they have
rights not based on the statute, are the limita-
tions that we hope to see placed on the projects,
going to be effective against a claim of
rights founded on compacts and treaties?

I think that many of the problems here,
from what reports we had during the time we
were looking into this, were recognized in 1948
and that everyone understood t~at the problems
were not solved. They weren't'solved by the
Upper Colorado River Compact. They are very
difficult problems because they have been fur-
ther confused by the Pelton Dam decision and
assertions 'of the Justice Department in Arizona
vs. California. I actually don't believe the
thinking of these amendments and restrictions
are so far apart from the thinking of the State
of New Mexico that the matters couldn't be re-
solved. 'It is true, I know they aren't going
to like some of these things but in many re-
spects they merely express w~at New Mexico con-
tended would occur as a matter of fact.

I think the problem is . 'really, how we
can get at the desired results where our think-
ing is not too far apart in an enforceable
fashion. I think we oug~t to make it clear in
all of our conversations about this that we
certainly don't want to reasonably interfere
with the development by the State of New Mexico
of their water. We 90n't want to be 'dog in
the manger'. We want to be as good neighbors
with them as we possibly can. I think maybe
that exists in the minds of everyone working on
this. However, it is still my feeling that
because of these very serious problems, the
anwers to whibh I have never been able to find' I
myself (I hope someday we can), I think we .
should meet with the State of New Mexico and
discuss what our requirements are, what our
fears are, and the restrictions we want to see;
and further discuss with them methods by which
assurances can be given that these restrictions
will be enforceable.