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.- -2- By what may prove to be the most manetltous judioial pronounoement in the history of' interstate water litigation, that highest tribunal sustained Colorado's position and upheld onoe more the dootrine of the rights of the states to oontrol. administer and distribute the use and benefits flowing from the streams of' the semi-arid West. It established the right of our farmers to oontinue to divert water and to carry it by ditohes and oanals f'or applioation to agrioulturai lands in the amounts and at the times f'ixed by the deorees of Colorado's oourts. What a glorious day it was for Vfestern irrigators 8JJd f'or Western irrigation laws. usages and oustQJ1sl What a forward step f'or those Amerioans whose futUJ'e depends upon the right to oontinue to divert water eaoh year aooording to the oourt decrees and the laws of' their respeotive states. But the good news fran the Supreme Court is attended by a disoouraging factor which, oonoeivably, may rob that deoision of its value. The opinion oame on the heels of the introduotion into the Senate of the 'United States of a QUl whioh, if it is permitted to be pass'ed without radioal amendment or oorrection. may basioally wipe out all the benefits gained by the decision of Deoember 6th. If allowed to beoome operative and to funotion it may endanger the very oivili- zation which has been building along the streams of the semi-arid West for the last three quarters of' a oentury. By invoking the Canmeroe Clause, so-called, of the Federal Constitution, those who think of great rivers only in terms of f'lood hazards and of navigation channels have oonoeived a soheme f'or the dQllination and oontrol of the uppeT reaches of' our irrigation streams whioh for the first time in the history of the West makes irrigation seoondary to antioipated navigation development and to the oonstruotion of flood oontrol projeots on the lower 'rivers. The bill which causes our present conoern was introduoed by Senator MoClellan of Arkansas, is ntmbered 1519 and is to be known as the "Arkansas -White River Basin Aot. tt Although irrigation has been praotioed in Colorado and Kansas. for more than eighty years the title of' the bill does not mention that aotivity_ The important parts of' the title deal with flood oontrol and navigation im- provements in the 'basins of' the Arkansas and Vfuite Rivers, and with the dis- position of surplus eleotrio energy generated by suoh Federal flood oontr~l and navigation improvements. These improvements are to be made under the direction of the Secretary of' War and the supervision of' the Chief' of Engineers. The first phrase defining the purposes of the bill says that it is to es- tablish a def'inite policy of' making use of' existing Federal agenoies for the con- struotion, operation and maintenanoe of' all publio improvements in the Arkansas and White River Basins in oonneotion with navigation, flood oontrol and allied activities. Obviously irrigation is not included within the term "allied aotivities" when navigation and flood oontrol are the major interests. The exolusion of irrigation, however, gi vas us no basis for seourity. If Congress aots and reoog- nizes lJlvigation uses as paramount t~t pronouncement takes on a f'inality whioh preoludes any review. Even the oourts may not Question such legislative aotion.