BOARD02144

• Board Meeting Date: 8/14/1947
• Description: Minutes and Resolution
• Board Meetings - Doc Type: Meeting

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"General is hereby directed to comence in the Supreme :Court of-
the United States of America, against the States of Arizona,
California, Nevada, New Mexico and Utah, and such other parties
as rray be necessary or proper to a determination, a suit or
action in the natu re of interpleader, am therein require the
parties to assert and have detarmined their claims and rights to
the use of waters of the Colorado River system available for use
in the l.ower Colorado River Basin."

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The Director expressed the opinion that thi s resolution presented
eo a vital issue in Colorado River matters which the Board should fully
consider and on which it will be called upon to take a definite posi-
tion. In effect, it seems to propose a mea.ns for readjudication of the
rights and interests of the states in Colorado River water irrespective
of the Compact. It probably is designed by California, with the appro-
val of Nevada, to del ay developments of the Colorado River fo r a long
period of tire; its passage by the Congress might well do inestimable
harm to Colorado in the development of its water resources.

He asked that the members of the Board give this resolution C9re-
fUl study and suggested that he, the Attorney for the Board and other
members of the staff would undertake studi es on the policy and legal
pm ses of Colorado River matters related to the proposal of this .reso-
lution. He expressed the belief tha t all of the five States of the
Upper Colorado Basin should take a common position on these Illltters.

The Director reported on a bill introduced by 60ngressman Barrett
of Wyoming and stAted tha tat a hearing befo re the Irrig etion end Rec-
lamation Subcommittee of the House of Representatives he had appeared
and opposed the bill. He said that the bill proposed a pertial oppor-
tionment of the Colorado River by Act of Congress and made other legis-
lative proposals which, in his opinion, were detrimental to the interests
of the state of Colorado.

In connection wi th thi s proposal and particularly in reference to
the meking of an Upper Colorado River Basin Compact, the Director sug-
gested that every effort should be made to sift all files available in
Stete offices relating to Colorado River metters. This entailed the
advisability of going over Ifenyof the files which had been placed in
the hands of tte State Engineer by Delph Cerpenter who "'as the Colorado
mamber of the Colorado River COmpAct Commission.

These situations, ihe Director explained, indicated the necessity
of the members of the Boord carefully studying and commenting upon the
memoramum on the Colorado River which had been prepared by Jean S.
Breitenstein, Attorney for the Board, and which had men placed in
their hands. Jean S. Breitenstein emphasized that one of tho most
important decisions which the Board should make has to do with its
attitude with respect to the llcCarran Resolution.

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