BOARD02498

• Board Meeting Date: 6/11/1951
• Description: Minutes and Resolution
• Board Meetings - Doc Type: Meeting

112

is empowered 'to make such studies and perform functions, as above men-
tioned, and prepare a report and recom:nendations for submission to the
Colorado Water Conservation Board for final action in the matter.

On vote the motion carried and was declared adopted. .

I

The Director announced that a report should be made to the Board on the
conference he and Mr. Breitenstein held with the Colorado Congressional delegation
respecting threatened litigation over the waters of the Colorado River. He stated
that Mr. Breitenstein had prepared a report on the matter and asked that he pre-
sent it at this time. Aw. Br~itensten read, the report and it is included in the
minutes of this meeting as follows~

",Tune 9, 1951

"Colorado Water Conservation Board
212 State Gffice Building
Denver, Colorado

Re: Colorado River

"Gentlemen:

"The purpose of this letter is to report to the Board on the current
situation regarding the Colorado River controversies.

"At its meeting of May 25, 1951, the Board rescinded its former action
unqualifiedly opposing the passage of Federal legislation granting th~ consent of the
Uni ted States to joinder in an interstate Supreme Court lawsuit to determine the rights
of the various States to the use of Colorado River water. The director and the at-
torney for the Board were instructed to use their beSt judgment in representing the
State of Colorado at a meeting of the Legal Committee of the Upper Colorado River
Commission and a meeting of the Commission itself. They were directed that so far
as Colorado is concerned the important consideration is to secure the most expeditious
deveil:opment of the use of the Upper Basin's share of Colorado River w~ter and particu-
larly the quantity thereof apportioned to Colorado. It was understood that no com-
mitments as to litigation should be 'made without reporting back to the Board. The
Board suggested that its director and attorney should consult with the Colorado con-
gressional delegation.

"On l.lay 31 and June 1 Attorney General Dunbar, Director Stone, and Attorney
Breitenstein attended a meeting of the Legal Committee of the Upper Colorado River
Commission at Salt Lake City. Others in attendance at the meeting were Attorney
General Clinton D. Vernon of Utah, Attorney. General Harry S. Harnsberger of V'yoming, I
T. Hichard Witmer, Assistant Chief Counsel of the Bureau of Reclamation, and John
Geoffrey Will, Secretary and General Counsel of the Upper Colorado River Commission.
Attorney Fred E. Wilson, the New'Mexico member of the committee could not be present,
but he later approved the action taken by the committee. Summarizing the report of
the Legal Committee, it was;

"1. Litigation is a definite probability wi thin the next six months to a year.