BOARD02498 - Laserfiche WebLink

Home Browse Search

I I , - - d3 n2. The United States is a necessary party to that litigation. "3. Four primary issues will be presented in such litigation. These issues are: lI(a) How is beneficial consumptive use measured? lI~b) May California be charged with any part of reservoir losses from Lower Basin main stream reservoirs? II(C) May California share in the use of water covered by Article III (b) of the 1922 Compact? "(d) Is the surplus, which California may claim, to be measured before or after deducting the quantity that must be delivered to Mexico under the 1944 Treaty? "4. If the issues can be confined to those noted above, then without. affecting their solidarity with the other Upper Division States neither Colorado nor Wyoming should be parties. "5. Further study should be made by the Engineering Committee to determine the quantity of unapportioned surplus and the quantity of salvaged water in the Upper Basin under ultimate conditions of development. U6. factual issues. If there is to be litigation, every effort should be made to avoid "7. the Commission of the various The Commission should adopt a resolution to the general effect tHat pledges its cooperation in the attainment of a prompt determination Colorado River controversies and to that end suggests: n(a) That the Lower Basin States consult with Attorney General of the United States as to whether or not he will in- stitute an action wherein United States and the Lower Basin States are parties for the purpose of securing a judicial deter- mination interpreting and applying the instruments which consti- tute the law of the River so that too four issues mentioned above may be resolved, and. "(b) That, if the Attorney General declines to institute such litigation, the Colorado River Basin States should not oppose a suit resolution in substantial accord with that recommended by the Secre- tary of the Interior in his letter of May 13, 1948, to the chairman ,of the Senate Committee on Interior and Insular Affairs. "The resolution referred to in the mentioned letter is so worded as to confine the issues to thoSe stated above and to confine the necessa~ parties to the Lower Basin States and the United States. liThe Upper Colorado River Commission met in Salt Lake City on June 2 and .'3.