4100

• UCREFRP Catalog Number: 4100
• Author: Gibert, S.
• Title: Water Policy and Development of the Colorado River.
• USFW Year: 1973.
• USFW - Doc Type: \
• Copyright Material: NO

the state's sovereignty by constructing a dam on non-navigable

waters within her state for the purposes of transporting water

to California. Again Arizona lost. The court rulled that the

river had a history of oeing navigable and the fact that it was
c~rrently recognized to be impassable did ~ot affect Congress's
right to construct a dam to improve navigation.1 It was not for
the Court to say that the expressed purpose of Congress for the
dam was a sham for diversion of water out of Arizona. (4,8)

Even before construction of Hoover Dam was underway, Cali-

fornia set forth plans to build Parker Dam just down river from

Hoover to increase the reservoir capacity. This time the state

was planning to finarrce the dam by herself so that no one could
argue her right to the water it impounded. Arizona was frantic!

The state, now claiming that the river was navigable, proceeded
to arm a small "battleship" to patrol. the Colorado with the
effect of holding up construction of both Hoover and Parker

dams.

Finally after seven months, the U.S. called Arizona to
Court to halt the mini-war. None-the-less, it was Arizona's

day in court. As a state, California was prohibited from

buildi::1g a dam or: navigable interstate wa ters 8,nd ,;{as also

required to pay a royalty to Nevada a~d Arizona on all the
water it diverted from the Basin. But most important, Califor-
nia was forced to pass internal legislation limiting her total

future demands an the Colorado to a figure far short of her

-8-

1 Although Arizona was not bound by the Colorado River Compact,
the compact had stated that the Colorado was not a navigable
river and that any developments on the river were to meet demands
of agriculture, domestic use, and power generatio::l above those
of navigation.