BOARD02425

• Board Meeting Date: 10/31/1957
• Description: Minutes
• Board Meetings - Doc Type: Meeting

~lU

talked the matter over with Gover-
nor McNichols and he was inclined to
agree with this view.

Last week I was in Washington along
with Mr. Barnard of the Attorney Gen-
eral's office and we had a more thorough
opportunity to look into this matter.
We conferred with Mr. Ely, and Mr. Bar-
nard obtained a copy of the proposed
brief along with other papers pertaining
to this case. Mr. Barnard also ascer-
tained that an appearance by the State
of Colorado in this case would not in-
volve expense of any kind to this State.

I

The legal staffs of the other basin
States also entertained considerable
suspicion concerning the motives of
California in this case. However, up
to this time, all of the other upper
basin States, except Colorado, have
come to the conclusion that it would
be to the mutual interest of all the
basin States to appear in the case.
Mr. Barnard and Mr. Dunbar, our Attor-
ney General, have reached a like con-
elusion.. They have prodded my thinking
along to the point that I am now in
agreement with their views. Since re-
turning from Washington I have had an
opportunity to fully study the proposal
made by California and I am unable to
determine that California has any ulter-
ior motive in this cause. It is there-
fore my recommendation to this Board
that the State of Colorado join with
the State of California and the other
Colorado basin States in a brief directed
to the United States Supreme Court urging
that the Niagara case be set aside."

.1

The matter of Colorado's participation was thor-
oughly discussed, several questions being posed and answers
given by Mr. Sparks and Mr. Barnard. It was emphasized
that the appearance of the State did not involve any expense
to the State.