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<br />1] <br /> <br />:~ <br /> <br />Engineer to court over rights to the Republican River. Again, Carpenter was <br /> <br />" <br /> <br />involved in Colorado's defense betl,een 1911 and 1922 in both the Wyoming and <br /> <br />41 <br />NebrasJ;a cases. <br /> <br />, <br />" <br /> <br />This sudden proliferation of interstate water litigation was unprecedented. <br /> <br />The federal push for reclamation of the arid West and the, increasin~ scope of <br /> <br />. western irrigation projects made it evident that stream use and diversion were <br /> <br />no longer exclusively intrastate matters. States, in turn, lool<ed to the Supreme <br /> <br />1 <br />.. <br /> <br />Court as a forum to obtain relief from infringements upon their \{ater rights. <br /> <br />4 <br /> <br />The Court itself aclmmlledged in the 1907 opinion that "this court is practically <br />b . A' h . b d . t I 42 <br />ull~mg up \{ at may not lmproperly e calle lntcrsta e common aw. " <br /> <br />" <br />J <br />~ <br />., <br />j <br />~ <br />,1 <br />" <br /> <br />Carpenter was one who saw that continuous recourse to the Supreme Court <br /> <br />each time a dispute over interstate streams occurred was expensive, time-consuming, <br /> <br />.:j and sometimes ineffective. He vielled the negotiation of interstate compacts, <br /> <br />I <br />I <br />, <br />~ <br /> <br />as allowed by the United States Constitution, as a more effective method of <br /> <br />apportioning rights to interstate waters.43 C~rpenter also saw compacts as a <br />44 <br />way of protecting' state control of streams from federal encroachment. <br /> <br />" <br /> <br />Carpenter, then, perceived a variety of circumstances 1/hich led him to espouse <br /> <br />" <br />. <br />" <br />~ <br />.' <br /> <br />the signing of the Colorado River Compact in 1922. He saw, along with many other <br /> <br />Coloradans, the threat of the lower basin monopolizaiton of the Colorado through <br /> <br />prior rights for such expansive projects as Imperial Valley agriculture and Hoover <br /> <br />Dam. He also had experience as an attorney with the means of continuing litigation, <br /> <br />especially in the Supreme Court, as a 1/ay of solving the increasing case load of <br /> <br />'. interstate water disputes. This e),:perience told him that the ounce of prevention <br /> <br />" <br />., <br /> <br />that a compact \{ould provide would be far more effective in promoting the equitable <br /> <br />developnent of the Colorado River Basin than the pounds of cure that the Supreme <br /> <br />Court was trying to provide.. <br /> <br />.~ <br /> <br />_. <br />