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. -~) I'\;) ~ ojooolo (,Q I .~ Han. 11. C. Hinderli der -3- l1ay 3, 19~3 In your letter you point out that the State Engineers of the two states agreed upon a schedule for the April releases and now con- template an agreement for releases during the remainder of the 1943 ir- rigation season. Your ~ction in this regard I deem as unquestionably proper. However, it must be almys be borne in mind tl\at such an agree- ment is only for the 1943 season. It is confidently expected that before the 1944 season the United States Supreme Court will have entered a decree which will forever establish the rights of the two states. The problem now presented is of a temporary nature but nevertheless important in order to satisfy the Corps of Engineers. Under the condition im~osed for the storage of vmter this season in Caddoa such water is to be used as a supple- mental supply to aid in the greatest possible production of crops. I am sure that every water official and every water user is fully in accord ,nth this purpose. It must be remembered that if no agreement for release is . made, then the Corps of Engineers will in all probability withdraw their permission for storaGe and water Which would be available as a supplemental supply will then GO to waste.. The questions on which you seek my.oplnlon are found on pages 7, 9 and 10 of your letter. l1y answers which follow are not in the exact order in which the questions are propounded but they will cover. I believe. every point which you raise. 1. The 1933 stipulation is in effect and must be recognized by "Colorado as valid and binding. You point out the provisions of paragraph numbered 7 which reads thusl nThe provisions in this Stipulation for allocation of fl~1 of water shall became effective when such dam shall ~ave been constr~cted and water be~ to be stored in said reservoir." It is noteworthy that this proVlslon does not read "when such d!lI:l shall have been completed." While the dam is still unfinished. it has been constructed to a capacity of about 270.000 acre-feet and a substantial amount of waoer has actually been impounded. Hence in my opinion the pro- visions for allocation are in effect. 2. The water which has been impounded by the dam during the past winter season and which may be impounded during the 1943 irrigation season should in my opinion be treated as an accretion to the stream at that point. In legal effect it is not storage water within the contemplation of the Colorado statutes ~~d deoisions. There will be no surplus until after the ~ eonclusion of the 1943 irrigation season and "e are not at this time con- ' cerned with any administrative problem ari'sing therefro:n.