Laserfiche WebLink
<br />472 <br /> <br />"That is the factual background as I get it, as <br />it is reported to me, and I think I have rather <br />fully explored it. I think that in my statements of <br />amounts, I have .under-stated the Skyline appropriation. <br />That was 18,000 instead of 15,000. For purposes of <br />illustration, my figures were approximately right. <br /> <br />"As counsel for.the meadow land owners, I have <br />urged upon the Attorney General of the State, and <br />have prepared a brief which we have submitted to <br />him in support of our position, that one more effort <br />be made by Colorado to re-open and have reformed the <br />decree in this controversy; that it be done in a suit <br />to be commenced by Colorado against Wyoming." <br /> <br />Mr. Dutcher: "Would this be a new suit?" <br /> <br />Mr. Roberts: "It would really be a re-opening of existing decrees. <br />There is some question of whether that can be done. <br />In our office we reached the conclusion there would be <br />reasonable chance of success on that. To reform <br />decrees': where fact s ha v.e chang.n or knowledge of fact s <br />has developed, or where through passage of time the <br />decree has become an instrument of oppression, that <br />is recognized as grounds for reforming a decree and <br />restating it in new language more nearly to recognize <br />the facts and to accomplish justice. <br /> <br />"We have prepared this brief and submitted it to <br />Duke Dunbar who is a member of the Board. . We have <br />reviewed it with him and with Mr. Chilson who is <br />Attorney for this Board and I believe each of them <br />is impressed with the fact that this is not a lost <br />,cause. There is a fighting chance which should be <br />resorted to and this attempt to get this reformation <br />of the decree should be made. <br /> <br />"The meadow land group and the transmountain <br />diversion group can agree between themselves as to <br />how any reformation of this decree would operate as <br />between them for the future so that if we should <br />have part ia1 success or ~tota1 success, there would <br />not be the falling out of the two factars; with each <br />other and the starting of litigation between them- <br />selves. I can assure you that will be agreed upon <br /> <br />I <br /> <br />/ I <br />! <br /> <br /> <br /> <br />. <br />