BOARD02177

• Board Meeting Date: 5/5/1952
• Description: Minutes and Resolution
• Board Meetings - Doc Type: Meeting

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the four Upper Division Colorado River States, of which Colorado is one,
were concerned that the terms of the contract protect their rights and interests,
under the law of the river. Numerous confere~ces were held by the Colorado
River Basin States Committee, and by representatives of the four Upper Division
States, with representatives of the Secretar;' of the Interior. These Upper
Division States requested language in the contract which would give them
adequate assurances. Lr. Breitenstein stated that those who represented
Colorarlo in these conferences, and "rho haC' C'eviewed the contract and all the
Droceedings which had been had in the ~at~er, ,rere satisfied that the interests
of Colorado and the other Upper Divjsion States Tlere ade'luately protected by
the contract and that written evidence of assurances concerning the interpre-
tation of that contract :ivcn to them by the Secretary of the Interior '7as
satisfactor;:r and all that cOClld be expected.

The Director statec' that he aGreed ldth ~:r. Breitenstein. He further
explained that records of conferences on the natter and all 1,ritten docu~ents
relatine to it would be made a pemanent record in the office of the Colorado
~ater Conservation Board.

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kr. Breitenstein reported that three conferences had been held ~Qth rep-
resent~tives of the States of Nebraska and ~yoming and of the Bureau of Recla-
mation and the U. S. Department of Justice concerning the action taken several
months ago by the Colorado Water Conservation Board, with the concurrence of
the Attorney General of the State of Colorado, respecting the initiation by
Colorado of proceedings in the Supreme Court of the United States to obtain
modification of the United States Supreme Court decree on the North Platte
River. Such conferences had been held pursuant to a provision of the Board's
resolution that before proceedings are instituted in the Court by Colorado,
an effort be ~ade to secure the relief sought by this state through negotiations
with parties to the decree. Mr. Breitenstein stated that the negotiations had
not thus far resulted in any agreement; that the matter had not been concluded
amicably within the time specified in the Board's resolution; that progress
had not been such as to indicate whether or not success in the negotiations
would be attained; and that resort to court action ~ay eventually become
necessary. At the last conference it was agreed that an effort be made to
agree upon a stipulation for modification of the Supreme Court decree which
would not provide for lifting the limitations imposed on Colorado under the
decree, but which would specify an increase in the acrea~e in Jackson County,
Colorado, which may be irrigated from the North Platte, and an increase in
the amount of Eorth Flatte nater which may be stored in this State. Colorado
had made an offer for permanent settlelnent of the matter. This had been re-
jected by the other parties. These other r-arties in the conferences, hm,ever,
desired that negotiations continue. Colorado's representatives took the po-
sition that continuance of the negotiations must be contingent upon the con-
ditions on the North Flatte Rj.ver remaining in status quo, as a basis for its
protection in the event of litigation before the U. S. Supreme Court. Colorado's
representctives stated that if the other states and the United States were not
willing to maintain the status quo, this state would immediately seek modification
of the Supreme Court decree. A further meeting to continue neeotiations ,Yill
be held in Denver on ~ay 20, 1952.