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<br />Because of the possibilities of litigation and other matters_, this is <br />considered to be confidential: and the board will hold an_executive <br />session. We will do that.in this room and we ask that: the audience <br />leave: at: this time. <br /> <br />MR. ROBBINS: Just so you all understand it, in 1977 the legislature I <br />amended- the Sunshine law to allow: executive sessions- of agencies when <br />litigation-is pending or in progress to:discuss it with their attorney. <br /> <br />(Following this, the board went into-executive session. At-the <br />executive session, Mr. John U.- Carlson, Coloradoconnnissioner for the <br />Vermejo River, made a report to the. board concerning his negoti-ations <br />with New Mexico in an attempt to arrive at an equitable apportionment <br />of the waters of the Vermejo River between Colorado and New Mexico. <br />Mr. Carlson had previously reported to the board by a letter dated <br />January 12, .1978. See Appendix J. <br /> <br />Mr. Carlson reviewed the contents of his letter and stated that in <br />his opinion, further negotiations with New Mexico would be futile. <br /> <br />Following Mr. Carlson's report and a discussion among the board <br />members, Mr. Jackson moved the adoption of the following resolution: <br /> <br />"WHEREAS, the Vermejo River and some of its various tributaries <br />originate in the mountains of southern Colorado and a portion of the <br />waters thereof have been appropriated in accordance with law by both. <br />private interests in Colorado and the Colorado Water Conservation <br />Board, a governmental agency of the State of Colorado; and <br /> <br />WHEREAS, interests in the State of New Mexico have instituted <br />legal action in the United States District Court for New Mexico to <br />enjoin private interests in Colorado from exercising the decrees <br />granted to them by the courts of Colorado for the use of water <br />originating in <:;olorado and tributary to the Vermejo River; and <br /> <br />WHEREAS, the Governor of the State of Colorado, in an attempt <br />to resolve the matter in an amicable manner, appoin<<;ed a cOlIDllissioner <br />pursuant to Colorado law to negotiate a division of the waters of the <br />Vermejo River and its tributaries with the State of New Mexico; and <br /> <br />WHEREAS, the State of New Mexico has refused to enter into any <br />agreement concerning an equitable division of the waters- of the <br />Vermejo River and its tributaries originating in the State of <br />Colorado; and . . <br /> <br />I <br /> <br />WHEREAS, the State of Colorado as a sovereign state is entitled <br /> <br />-64- <br />