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<br />OJD4J3 <br /> <br />-14- <br /> <br />under part onel "Betv.een the Upper and Lower Basins," are entitled, The <br />Colore do River Compact, the Boulder Canyon Project Act, Contrncts for <br />Power and linter. and Boulder Canyon Project Adjustment Act. Hith respect <br />to Chapter III, "DividinG the Hater ," Colorado suggests revisions, amend- <br />ments, and rearrangements of the information. as followsl <br /> <br />. <br /> <br />(1) Early in said chapter, under the heading, "Between the Up. <br />per and Lower Basins," inc lude the full text of the Colorad 0 River Com- <br />puct, - a document involving but 4 printed pages which is of such impor- <br />tance as to justify its reproduction in full. Its inc lusion will not add <br />to the length of the Report, for thereby many of the explanatory state- <br />ments as to provisions of the Compnct can be deleted, some of which state- <br />ments may not be entirely accur<lte, or at least must be revised to make <br />them accurate. Colorado suggests that introductory conunents, concerning <br />the fears, hopes and contentions, that a.re said to have motivated the <br />negotiation of the Compact, should be confined to statements of physical <br />conditions and relations affecting development needs and programs, and <br />should so far as possible avoid interpretations of decisions (such as <br />the decree entered in 1922 in the case of Hyoming v. ColoradO respecting <br />the lAre.mie River, which Colorado says is wrongly interpreted in the <br />Report, as evidenced by subsequent interpretation, thereof by the Court <br />itself); and should eliminate legal opinions such as those concerning <br />"the law respecting rights to the use of waters of interstate streams," <br />and contentions such as that "the federal government was the agency which <br />logically should effect the regu la.tion 0 f river develo.,ment" (since the <br />lower part of the Colorado River WaS or had been navigable). In the <br />event the Bureau of Reo lamation elects to conunent on legal questions as <br />the same may have been interpreted in 1922, the Report should include a <br />review of the case of Kansas v. ColoradO respecting the Arkansas River, <br />decided in 1907 (and recently reaffirmed), which stream also was or had <br />been navigable in its lower reaches) and which decision definitely cover- <br />ed both questions of interstate and federal-state rela.tions. <br /> <br />, <br /> <br />(2) In part (2) entitled, "Congressional Acts," include brief <br />digests of the Doulder Canyon Project Act, and the Boulder Canyon project <br />Adjustment Act, together with such other Acts of Congress as may be re- <br />lated thereto, and such agreements thereunder between the United st<ltes <br />and interested organizations as related to the authorization and construc- <br />tion of Boulder Dam; and also a summary of the contracts for pov.er which <br />were ente~ed into and are now in effect. <br /> <br />. <br /> <br />(3) In part (3) of the Chapter on "Dividing the Hater ," entit- <br />led, "Between the states of the Lower Division," summarize all the con- <br />tracts entered into between the Uni ted States and the Sbtes of the <br />Lower Division and interests therein, having to do with the delivery or <br />use of waters of the Colorado River system. Colorado says that numerous <br />contracts have been made, only a few of which are mentioned in the Re- <br />port, and that such information (including the recently negotiated con- <br />traot with Arizona, which is not mentioned in the Report) should be pre- <br />sented, together with suggestions by the BureaU of Reclamation us to <br />what steps might be taken to "clarify interstate relations," as request- <br />ed in the Report. <br />