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<br />.. <br /> <br />.' <br /> <br /><::) <br /> <br />N <br />~ <br />~ <br />-.:i <br /> <br />-. <br /> <br />. -- <br />- ~ <br /> <br />OFI"""CE.S <br />nODGES.'-~m.A.L & (;'Oll.J-:::E <br /> <br />EQUIT...eLE: BUlL-PING <br /> <br />-DE~COL.ORADO <br />September e, 1943 <br /> <br />,C;:'.i~:h.. <br />\'0- '" '-,:~ <br />'~.o .. ,'_" .;,"l.::., <br />.!.~[ ". \ \..) - j. <br />) t...J..... .......~:' <br />r~ c-~~i~~'.'" ~~. <br />"c.\ otC-~~.!.:4 ;:: <br /> <br />. ../ 't' c. ' <br />/. :\~,~ ' i). ~\. <br />'.,-....1 '=' Oi l } "'\...J~' <br />\((~I ,-'\';-' <br />."~ tL\'--'.-'(j-rt~1.~' <br />~L~' <br /> <br />Mr. M. C. Hinderlider <br />State Engineer <br />Capi tol Building <br />Denver 2, Color~do <br /> <br />My dear Mr. Hinderlider: <br /> <br />Colorado v. Kansas <br />Caddoa Administration for lq43 <br /> <br />~~ile this is a reply to your letter of Sept. 2, <br />to Judge McHenarie, }~. Gordon and me, it will serve as <br />comment on Judge McHendrie1s letter to you of Sept. 7, and <br />your letter of Aug. 26 and Sept. 9 to the administrative <br />committee of the Arkansas Valley Ditch Association. My <br />ideas are briefly: <br /> <br />1. The informal agreement made in your office on <br />Narch 20th, between the Colorado officials and <br />counsel and the Kansas officials and counsel was <br />to meet the emergency presented by the Govern- <br />ment Engineers1 threat to dump immediately the <br />water then impounded. in the reservoir, and was <br />to govern the distribution of that water only. <br /> <br />2. Since then and ln May the Master has found and <br />concluded the stlpulation not binding upon either <br />of the States and Kansas has by its fallure to <br />except to this, acquiesced in the Master's <br />conclusion. <br />In fact, by its Exception III Kansas seems to <br />ask the Supreme Court to treat Caddoa Reservoir <br />as an obstacle to the Kansas supply and after <br />all the oper~tlon of Caddoa is the foundation <br />for the stiuulation. <br />Kansas cannot conslstently ask us to carry out <br />what it admits and clalms not to be binding, <br />and we should act accordlngly. <br /> <br />Fr0m the above lt would seem that I should say <br />nothing about your lnterpretation of the stlp- <br />. ul~;:;10n,-andno lnterpretatl-on becomes necessarY;-but <br />I owe it to you and counsel to e)~ress some <br />vlews on that subject. <br /> <br />3. <br />