<br />00178S
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<br />
<br />THE LOVVERCOLORADO RIVER BAS~ PROJECT
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<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
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