BOARD01362

• Board Meeting Date: 6/22/1945
• Description: Table of Contents and Minutes
• Board Meetings - Doc Type: Minutes

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RESOl.U'nON

Y~~S, on July 1, 1942 a contract was entered into by and
between the Colorado Water Conservation Board and the U. S. Geo-
logical Survey for the installation, maintenance and operation
of gaging stations for the determination of surface water sup-
plies needed in water project investigations; and it appearing
that such cooperative agreement on August 19, 1944 was renewed
and continued for the period ending June 30, 1945, under which
the State of Colorado agreed to pay the amount of $6,300 for the
period July 1, 1944 to June 30, 1945; and

WHEREAS, the renewal of such contract for the period end-
ing June 30, 1945 has heretofore been approved by the Colorado
Water Conservation Board, and the amount, namely the SUIll of
$6,300, due thereunder has not been paid;

NOW, THEREFORE, BE IT RESOLVED by the Colorado Water Con-
servation Board that the Director 'be and he is hereby author-
ized and directed to draw a voucher for the sum of $6,300 upon
the funds appropriated to the Board for the 1943-1945 Biennium,
in full payment of the said $6,300.

M. C. Hinderlider seconded the mction for the passage of
the foregoing resolution and after discussion, a vote waS taken
resulting in the u~animous approval of the motion and the re-
solution WaS declared adopted.

Jean S. Breitenstein, Attorney for the Colorado Water Conserva-
tion Board was called upon to make a report respecting the North Platte
case (The State of Nebraska, Complainant vs. The State of Wyominr;, Defend-
ant, The State of Colorado. Impleaded Defendant, and the United States of
America. Intervener). Mr. Breitenstein reviewed the decision and opinion
of the United States Supreme Court in this case and the effect of the de-
cision upon~the future utiliZation of the _ters of the North Platte Ri-
ver. With reference to the claim of the United States to the ownership
of unappropriated water, he stated that the Court in this case had denied
the claim and sustained the recommendation of the Special Master that the
rights of the Government to store and utilize water by its reclamation
projects on the North Platte River were founded upon the laws of the state
where the water is appropriated. However, he explained that the language
of the decision is so circumscribed that it cannot be said there is any
final determination of the claim which heretofore has been made by the
United States of the ownership of unappropriated water as a general pro-
position. Mr. Breitenstein made the following specific recommendations:

1. That no petition for rehearing of this case be filed by
the State of Colorado.

2. That to avoid charges of violation of the decree by Colo-
rado accurate determination and record of the aorea~e irrigated each
season from the North Platte River in Colorado. of the reservoir storage
in Colorado and of the amount of transmountain diversions frcm the North
Platte to the South Platte in Colorado should be made and kept. This
should not be delayed.