BOARD02241

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

480

MR. DUTCHER;

MR. BAILEY:
MR. DUNBAR:

~. DUTCHER:

"This is just a suggestion. Would it not be
better to carryon an investigation before'
deciding whether we should go ahead and file
this suit and have that action predicated on
the result of the investigation instead of
taking the position now that we will re-open
if the investigation infers such a thing?
Wouldn't it be better for the Board to
authorize the engineering and legal staff
to go ahead and then report to the Board?"

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~

"Duke, what do you think about this?"

"We are probably not ready to go ahead until
we get an accurate statement of facts of this
case. Mr. Whitten has presented a plausible
argument which should be paid attention to.
I do think, however, that I would not go
ahead without getting the full picture before
the Board before any definite action is taken."

-May I say this for the benefit of Mr. Roberts.
We have.a comparable situation on our River
with respect to return flow. We have had the
State Engineer testify under oath before the
Court that from their opinion from investigation,
the return flow is 85% to 8~o. In return'
flow, we have been rather disappointed by the
investigation made by the State Engineer. It
has not been completed as yet. Some are trying
to convince us the return flow is as low as
4~o. That situation certainly should be
clarified before you proceed on the assumption
that the return flow is 85%." '

Considerable discussion on the subject followed.

MR. ROBERTS:

"I would be perfectly willing to eliminate the
last paragr~ph and make it merely an authoriza-
tion of the investigation."

Mr. Bailey read the resolution to the Board.

MR. DUTCHER:
MR. ROBERTS:

"The last paragraph should be eliminated."
"I would agree to that."

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