BOARD02250

• Board Meeting Date: 8/6/1951
• Description: Minutes and Resolution
• Board Meetings - Doc Type: Meeting

I

I

29

Thereupon it was moved by John A. Cross:

That the Board go on record as requesting the office of the Attorney
General to take such steps as may be necessary to secure a modification
of the North rlatte United States Supreme Court Decree, and instruct its
attorney to cooperate with the Attorney General's office in taking those
steps. The mot-ion was seconded by W. M. Williams. .

Thereupon discussion-ensued with respect to the Cross motion and possible
substit.ute language, and VI. M. Williams moved a substitute motion:

That the Board authorize Jean S. tlreitenstein, after hearing the dis-
cussion, to prepare a resolution on the North Platte matter embodying the
views of the Board and any of his own and bring it back to the Board for
consideration. The substitution motion was seconded by George A. Pughe.

On vote being taken, the motion unanimously carried and was declared
adopted.

The meeting recessed at 12:15 to reconvene at 2.:00 p.m.

Afternoon Session

Monday, August 6, 1951

The meeting was called to order at 2:30 p.m. by George J. Bailey, Vice Chairman.

The resolution prepared by Jean S. Breitenstein was distributed to the members
of the Board for their consideration.

After review of the proposed draft of the resolution, John A. Cross offered and
moved the adoption of the follovung resolution:

Whereas, the 1945 decree of the United States Supreme Court in the North E1atte
River case (Nebraska v. Wyoming and Colorado, United States, intervenor)
imposed certain restrictions on the use of North Platte River water in
Jackson County, Colorado, and

Whereas, that decree provided in its Article XIII that Sly of the parties might
apply for further relief or modification of the decree with reference to
certain matters which include the following;

"(a) The question of the applicability and effect of the Act of
August 9, 1937, 50 Stat. 564,595-596, upon the rights of Colo-
rado and its water users when and it water hereafter is avail-
able for storage and use' in connection with the Kendrick Project
in Wyoming.

(b) . The question of the effect upon the rights of upstream areas
of the construction or threatened construction in dovlllstream
areas of any projects not now existing or recognized in this
decree", and

Vfuereas, since the entry of the decree water has become and now is available
for storage and use in connection with the Kendrick Project in ~yoming
which in 1951 is irrigating 8-9,000 B.cres of land and which has water
stored in the quantity of approximately 1,000,000 acre-feet, and