BOARD02648

• Board Meeting Date: 9/21/1954
• Description: Minutes
• Board Meetings - Doc Type: Meeting

427

Irrespective of whether or not 'the State of California
is acting in good faith and conscience, the fact remains that
so long as development in the Upper Basin can be delayed, so
long will the water be available for use,in the State of
California and the other Lower Basin States.

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Should Colorado be successful in opposing the motion
that it be made a party, at least one argument against de-
velopment in' the Upper Basin will be eliminated.

2. Expense. ,. ,

If Colorado is not a party to this proceeding, it is
not bound by any 'findings or decree which the Court may make
in the pending litigation. although such findings and decree
may have a persuasive effect in case of later litigation ,to
which 'Colorado may 'be a party.

If. however, Colorado is made a party. it will be bound
by any findings and decree of the Court. In such case. 'Colorado
will necessarily have to appear and actively participate in
the protection of its rights.

The expense will be large. If li tiga tion can be avoided,
the money which would otherwise be used in protecting our
water resource's can be used to develop them.

CONCLUSION

This matter was carefully considered by the Legal Committee
of the Upper Colorado River Commission at a meeting in Washington.
D. C. on June 29. 1954. and again at a meeting on August 23. 1954.
at Albuquerque, New Mexico. The Legal Committee' is composed of
legal representatives of'each of the Upper Division States. The
Legal Committee v:as of- the unanimous opinion that it was to 'the
int~rests of ~~e Upper Division States to avoid being involved in
this litigation. The Committee will so report to the Upper Colo-
rado River Commission at'the next meeting nhereof this month.

I therefore recommend to this'Board that the State of Colo-
rado should actively oppose and take every possible step to avoid
being made a party to this litigation.

HC:L

(Signed)

Hatfield Chilson"

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Respectfully submitted.