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<br />14 <br /> <br />, <br /> <br />Mr. Breitenstein was, called upon and stated that there were three <br />questions to be determined, namely. <br /> <br />1. Is the State of Colorado j ustiried in going baok to <br />the United States Supreme Court to attempt to obtain a oorrection <br />of the .decree? <br /> <br />2. Should Colorado enter negotiations with Wyoming and <br />seek to obtain an agreement? <br /> <br />I <br /> <br />3. What should be the position of the State .in the case <br />which is now pending in the Supreme Court? <br /> <br />Mr. Breitenstein <br />prepared on the subject. <br />Present Situation," which <br /> <br />then read to the Board a memorandum which he had <br />This memorandum contained a "Summary Analysis of <br />reads as follows: <br /> <br />"For the reasons hereinafter stated, the following oon- <br />elusions on the Laramie River problem are justified: <br /> <br />"1. The basic trouble is the mistake of the United <br />States Supreme Court in using a consumptive' use figure for a <br />headgate diversion figure in determining the amount of water <br />which may be taken and diverted by Colorado in virtue of the <br />meadowland appropriations. <br /> <br />"2. <br />of this mistake <br />in its efforts. <br /> <br />Colorado has twice sought to obtain a correction <br />by the United States Supreme Court and has failed <br /> <br />"3. There is no reasonable expectation that a third <br />a ttempt by Colorado to persuade the Court to correct the mistake <br />would be successful. <br /> <br />"4. The only way of securing relief for Colorado is <br />through agreement with Wyoming. <br /> <br />"5. The possibility of obtaining any agreement with <br />Wyoming is jeopardized, if not rendered impossible, by further <br />proceedings, in the suit of Benziger v. Water Supply and Storage <br />Company now pending in the Colorado Supreme Court. <br /> <br />"6. EffortS', should be. made to secure a stipulation <br />in the Benziger case to hol~ that suit in abeyance for suffioient <br />time to permit negotiations with Wyoming ro to dismiss the suit. <br /> <br />I <br /> <br />"7. If such stipulation cannot be obtained, the <br />Colorado attorney_general, without taking any side as between <br />Colorado water users, should lay before the Court the interstate <br />aspects' of the problem." <br />