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<br />I <br /> <br />I <br /> <br />MR. BARNARD I JR.: <br /> <br />communications that I have just read and the <br />ones that are in your files you have a complete <br />resume of the communications reaching this Board <br />at this time. (See Appendix A). <br /> <br />It seems to me that inasmuch as the matter <br />we are now going to consider is one that relates <br />directly to the statutes, I've asked John <br />Barnard, Jr. who is the Assistant Attorney <br />General and representative of the Attorney <br />General on this Board, and then I'll later call <br />on Mr. Moses for any comments that he may make <br />as attorney for this Board, to briefly refresh <br />our memory as to the statutes under which we are <br />operating the Upper Colorado River Commission and <br />any other legal matters that we should keep under <br />consideration at this time. John." <br /> <br />"Thank you, Mr. stapleton. I don't particu- <br />larly care for the microphone but Mrs. Keating <br />always chews me out if I don't use it so I'd <br />better. <br /> <br />The Water Conservation Board was created <br />and exists under the provisions of what is now <br />Chapter 148, Article 1, of the 1953 Colorado <br />Revised Statutes. There are, of course, several <br />provisions; the most pertinent one being 148-1-11 <br />'Duties of the Board'. They boil down to gen- <br />erally doing - well, as a matter of fact, its <br />general power, which is set forth in the first <br />paragraph, says 'It shall be the duty of the <br />Board to promote the conservation of the waters <br />of the State of Colorado in order to secure the <br />greatest utilization of such waters and the <br />utmost prevention of floods'. And in particular, <br />without limiting the general character, the <br />statute goes on to set out specific duties the <br />Board is to perform. Under Section 148-1-9 of <br />this same chapter, it's provided that 'the <br />Governor may, with the approval of the Board, <br />appoint a commissioner or commissioners to <br />negotiate compacts and that it is the duty of <br />the Board to render legal and engineering assist- <br />ance in the negotiation of compacts'. However, <br />once the compact is entered into, this becomes, <br />as has been held by the U. S. Supreme Court, even <br />