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<br />1 <br /> <br />1 <br /> <br />MR. STAPLETON: <br /> <br />SENATOR DENNY: <br /> <br />MR. STAPLETON: <br /> <br />':>":)~:J' <br /> <br />evidence and probably appoint a master to <br />take this evidence because there are a lot <br />of facts involved here that go directly to <br />this question of indispensability. <br /> <br />Of course, while we are a little bit <br />different than we are on the Colorado River, <br />there are provisions for credits in certain <br />instances. We are in a position now where <br />it is very doubtful with all of the develop- <br />ment that has t~cen place in the Middle Rio <br />Grande in New Mexico it is more difficult <br />all the time to ever get what is known as <br />an actual spill of Elephant Butte Reservoir <br />which would eliminate all of our present <br />debits. That's one of the reasons why we <br />believe among other things, New Mexico is <br />on both sides of this lawsuit, both a plain- <br />tiff and a defendant. We are raising all of <br />these points in this brief. We also don't <br />believe that Elephant Butte ,which is in New <br />Mexico, as a plaintiff can sue upper New <br />Mexico which is in the position of a de- <br />fendant. I want to assure the Board that we <br />are on top of the situation and nobody can <br />predict horse races or lawsuits, but I am <br />sure that everybody is doing their very best <br />on it and we'll make a credible showing for <br />the state of Colorado." <br /> <br />"Thank you Jimmy and Ray. <br /> <br />I'd like at this time to introduce two <br />members of the legislature that I note are <br />here. Senator Denny, delighted to have you <br />here, from Cortez. If I recall correctly, <br />you are the Chairman of the Senate Water <br />Affairs Committee. Do you have anything you <br />would like to address this Board on at this <br />time?" <br /> <br />"I believe not. <br />all the information <br />of your help. <br /> <br />I am trying to gather <br />I can and will need all <br /> <br />"Thank you. <br />