BOARD02241

• Board Meeting Date: 12/9/1954
• Description: Minutes
• Board Meetings - Doc Type: Meeting

4V4

that, as the decree is being administered,
charging irrigators along the 'Laramie with
each acre-foot that goes through their
headgate, Colorado irrigators are being
charged two, three and sometimes four .times
for the same drops of water.

I

"Under the decree that charges Colorado
for every acre-foot that goes through the
headgates, we are charged not once for a
physical amount of water that you could
measure and put in a bucket and see, but we
are charged twice, thrice and four times for
that same thing. It is taken through one
headgate and returns to the river; it is
then diverted again, and each time it is
being charged against Colorado's share of
that river. ,That fact.was.never called to
the Court's attention. That fact calls for
reformation of the decree.

"The economic benefit to all sections of
Colorado would be large enough to justify
the expense. In working with the State
Engineer and the Attorney General, I found
both gentlemen extremely helpful and co-
operative. They are the best judges of
whether we have facts and the law. What we
would like is an expression of policy from
. this Board, recommending that such a suit
be commenced subject to approval By the
Attorney General on the legal phases and by
the Director of this Board on the engineering
phases. I have drafted a motion which I have
passed to the Director. It may need some
change but that is the expression of general
policy which I would like to nave if it is
consistent with the decision of this Board."

MR. PUGHE:

"This Board will not be a party to this action?"

I

MR. ROBERTS: "No, the State of Colorado."

MR. BAILEY: "If this is successful, these diversion interests
would get their 35,000?"