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<br />811 <br /> <br />I <br /> <br />r~R. WHITTEN: <br /> <br />"I would like to ask what Mr. <br />Barnard's recommendation is in <br />respect to this matter." <br /> <br />lJ!R. BARNARD: <br /> <br />"I think Mr. Sparks has given the <br />background of the matter very accurately. <br />I have gone into it to a considerable <br />extent and did discuss the matter at <br />length with Mr. Ely. I agree with Mr. <br />Sparks that there is no danger involved <br />in the matter to the State, but that an <br />adverse ruling by the Supreme Court <br />would create authority for the proposi- <br />tion that the Mexican Treaty reserva- <br />tions were invalid. These reservations <br />were attached to the Treaty in order to <br />protect the system of administration of <br />water by the states and the Department <br />of the Interior. <br /> <br />If it is held they are invalid the <br />State's interest, in my opinion, will <br />suffer. Therefore, I very strongly <br />recommend that the Water Board concur <br />in the decision to appear as amicus <br />curiae in the power authority case." <br /> <br />MR. MILLER: <br /> <br />"I move that the counsel for the <br />Board and the Attorney General be auth- <br />orized to join with the other seven basin <br />states on the Colorado River in petition- <br />ing the United States Supreme Court to <br />grant certiorari in the Niagara Case." <br /> <br />"Second the motion." <br /> <br />MR. NELSON: <br /> <br />Upon vote, the motion was unanimously carried. <br /> <br />I <br /> <br />Mr. Whitten introduced the matter of the Hawthorne <br />Case of Nevada. He gave the history of this case and explained <br />Colorado's interest in it. The following letter was handed <br />by Mr. Whitten to Mr. Moses to read: <br />