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<br />, <br /> <br />OU2;i.J <br />action <br /> <br />. <br /> <br />. <br /> <br />to correct this condition. as reflected in the work by the <br /> <br />Bureau of Reclamation and the State of New Mexico in the Middle Rio <br /> <br />Grande Project, which has resulted in placing New Mexico in a credit <br /> <br />status so far as annual deliveries of water are concerned. This <br /> <br />places New Mexico in a different position than that in which they <br /> <br />found themselves some years ago. New Mexico can say to a court that <br /> <br />they have taken affirmative action to correct their debit status and <br /> <br />they are now in a continuing credit position and therefore can come <br /> <br />into court with "clean hands" to demand that the upstream state <br /> <br />(Colorado) be required by the court to do such things as are necessary <br /> <br />to reasonably insure that the State of Colorado meets its compact <br /> <br />obligations at the New Mexico state line. Undoubtedly the State of <br /> <br />Colorado is much more vulnerable to a suit instituted by the State of <br /> <br />New Mexico than they were even as long as two years ago. All things <br /> <br />considered, Colorado can no longer procrastinate with respect to its <br /> <br />solemn obligations under the Rio Grande Compact. The time has come <br /> <br />when some affirmative action must be taken in order to avoid possible <br /> <br />disastrous consequences as a result of a lawsuit to settle this matter. <br /> <br />In viewing all of the alternatives it appears that the <br /> <br />construction of the Closed Basin Drain is an alternative. containing <br /> <br />the necessary protective covenants. which will permit the San Luis <br /> <br />Valley and the State of Colorado to continue to prosper and grow. <br /> <br />LRK,1k <br /> <br />1/25/63 <br /> <br />-8- <br />