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<br />00178S <br />4 <br /> <br />THE LOVVERCOLORADO RIVER BAS~ PROJECT <br /> <br />of approximately 242,000 square miles, encompassing practically one- <br />twelth of the area of the continental United States, excluding Alaska. <br />Much of thi~ basin, and partic1.ilarly the lower basin, is dependent <br />upon the waters of the Colorado River in order to make it habitable <br />and productive. . . <br />For some 60 years, the efficient use and reg1.ilation of the river for <br />purposes of reclamation, flood control, and production of power has <br />been a concern to all of the States through which it flows. As the <br />uses of the waters of the river increased in California, particularly, so <br />did the fears of other States that California would appropriate to <br />her permanent and exclusive use a disproportionate share of the waters <br />of the river, and that the States which were developing more slowly <br />would be deprived of their fair share, and of an opportunity to par- <br />ticipate in the use of the river as a national asset. The fact that the <br />law of prior appropriation prevailed exclusively in all of the affected <br />States except California, and was important there, intensified their <br />fears, particularly after the decision in Wyomingv. Oolorado (259 <br />U.S. 419 (1922)). To allay their fears and to let development pro- <br />ceed, Con~ress, in 1921, authorized the seven States of the Colorado <br />River Basm to compact for the equitable division of the waters of the <br />Colorado River and its tributaries. The compact negotiated pursuant <br />to this authorization is known as the Colorado River compact, and <br />was prepared at Santa Fe, N. Mex., in November of 1922. <br />The Colorado River drainage is divided by the compact into two <br />basins, an upper basin and a lower basin, with the diVIsion point on <br />the river being Lee Ferry, Ariz. The compact apportions 7,500,000 <br />of beneficial consumptive use annually in perpetuity to the upper <br />basin States and 8,500,000 acre-feet annually to the lower basin States, <br />of waters of the Colorado River system; i.e., from those of the Colo- <br />rado River and its tributaries within the United States of America. <br />The possibility of a treaty with Mexico was anticipated, and the <br />compact allocates the burden of Mexican rights by declaring they shall <br />be supplied first from surplus over and above the waters allocated to <br />the two basins, and in the event of shortage that the deficiency is to <br />be borne equally by the two basins. . The compact also provides that <br />the upper basin shall not deplete the flow of the river at Lee Ferry <br />below an aggregate of 75 million acre-feet for any 10 consecutive years. <br />The compact did not resolve the relative rights of California and <br />Arizona. Despite the areas of agreement, Arizona and California did <br />not agree upon the amount of water that each wo1.ild receive from <br />the lower basin allocation. <br />It was in this setting that a series of bills, all commonly known as <br />Swing-Johnson bills, were introduced in Congress authorizing the <br />construction of a dam on the Colorado and an All-American Canal <br />from the Colorado River to the Imperial Valley in California. Three <br />of these bills failed. The fourth was enacted and became the Bo1.ilder <br />Canyon Project Act of December 21, 1928 (45 Stat. 1057). This act <br />authorizes the Secretary of the Interior to construct, operate, and <br />maintain the m1.iltiple-purpose dam, now known as Hoover Dam. By <br />the act Congress provided its own method for a eomplete apl;lortion- <br />ment of the mam-stream water among Arizona, Califorma, and <br />Nevada, and implemented this method by authorizing the Secretary <br /> <br /> <br />. , <br />,'> <br />.' "'. <br /> <br />'--j <br /> <br />, <br /> <br />.', ,.' <br /> <br />> '~ <br /> <br /> <br />",'- <br /> <br />. ":' <br />" <br /> <br />{\:>':.:': <br />,- 'L ~'",. <br /> <br />, <br /> <br />"I <br />,eo,: <br />," - ;'- <br />. -,' " ,.",' <br />. ,::'" .,><';"_':J?~i.iJ <br />