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Last modified
1/26/2010 3:19:48 PM
Creation date
10/12/2006 5:22:54 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8200.300.40.B
Description
Upper Colorado River Compact
Basin
Colorado Mainstem
Date
1/1/1991
Author
Paul Upsons
Title
A Leader and Antagonist: Historical Forces Leading to Colorado's Influnce in Meeting Five of the Upper Colorado River Compact Commission (Honors Thesis for U. of Denver History Dept)
Water Supply Pro - Doc Type
Publication
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<br />37 <br /> <br />belief in 1952, and surely in 1947, that "few appreciate enough the importance <br /> <br />, f h' 128 <br />and effectlveness 0 t lS enactment." <br /> <br />Mr. Wallce, an engineer from Utah, proposed in Heeting Five, hOl,ever, that <br /> <br />in cases of extreme drought, an administrative body of the Commission should have <br /> <br />a reserved power to tell the Basin to curtail its crop production, for example. <br /> <br />Mr. Br<~itenstein asKed "Ho" can you tell No.1 to plant only half a crop? No.1 <br /> <br />has a vested water right." W):atever provisions mi9ht be made by one state to <br /> <br />assist another stricl<en with a dry spell must be the sole responsibility of the <br /> <br />state. This responsibility would not have the effect of law, but would be a <br /> <br />voluntary action. According to Breitenstein, to write into a law or to othen,ise <br /> <br />dictate to a state specific measures regarding how it must curtail its agricul- <br /> <br />tural output \lould violate not only some state constitutions but ,;auld violate <br /> <br />, <br /> <br /> <br />\ <br /> <br /> <br />I <br /> <br />the letter of the United States Constit.ution, as well. The Colorado delegation, <br /> <br />so adamant about making obligations the responsibility of the various states, <br /> <br />opposed any provision that would allow one state to exercise extraterritorial <br /> <br /> <br />jurisdiction over another. 129 While commissioner Stone's final motion did contain <br /> <br />a provision to spread the otligation to mal<e deliveries at Lee Ferry Sf) as <br /> <br />"to minimize the effects of such an obligation", it went on to state that "these <br /> <br />obligations shall be and consti tute a state obligation." 130 <br /> <br />In order to minimize any destructive effects of having to meet an obligation <br /> <br />dOllnstream as well as meeting the needs of one's own state in drought years, the <br /> <br />Commission suggested constructing a series of reservoirs off of the main stem of <br /> <br />the Cblorado. A pool of reservoirs for the common good of the several states <br /> <br />would reduce the possibility of a state accumulating a deficit in its obligations <br /> <br />to deliver water. As such, this idea deals with prevention of liability, as <br /> <br />opposed to Commissioner Stone's discussion of In1at is to be done if a liability <br />
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