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The Colorado River Compact: Conflicting Interpretations John U. Carlson Attorney, Carlson, Hammond & Paddock I remember when Paul Frohardt came to work at the law firm I was presently at. With great pleasure, I remember how he would come into my office, which was right next door, and tell me I was wrong about some point of the Rio Grande Compact. Generally, he was able to convince me that I was wrong and he was right. I have learned that on very few issues is it worthwhile to argue with Paul Frohardt. I am hoping that he does not know much about the Colorado River Compact, and he will let me talk to you about it today. It has been a topic perceived by the politicians, water users, and economist to be utterly vital in parlance to the State of Colorado. I think this stems from an underlying belief that the waters of the Platte, Rio Grande, and Arkansas Rivers are so poultry by comparison, and so inadequate for the needs of a growing economy that Colorado's destiny lies with securing and using the waters of the Colorado River. There is an enormous use of the Colorado River in Colorado. As you are aware, there are tremendous transmountain diversions. There are vast quantities of irrigation use on the western slope and there are also great industrial uses. Despite those uses and their size, they are small compared to the uses of our downstream rivals, primarily the State of California. They would probably be considered small compared to the potential draft that the state of Arizona is proceeding to make on the river, with the completion of the Central Arizona Project. The uses are also under assault in an economic sense. Much of the consumptive use of the river on the western slope has been for agriculture. I think that it would be fair to say that agriculture is under assault. At the turn of the century, the people who formulated the Colorado River Compact of 1922 had expectations that have not yet come to fruition. I would like to review some of those expectations and some of the history of the Colorado River Compact. Finally, I will leave you with some paranoid thoughts. A story occurs to me about the State of Colorado and the Colorado River that I think is helpful to keep in mind. There was a wonderful man named Frank Delaney, who practiced law in Glenwood Springs up until his death. I had the privilege of knowing him and working for him on a couple of cases. I heard a story about his role in the negotiation of the 1956 Act, which led to the construction of the big dams on the higher reaches of the Colorado River. Western Colorado was not sympathetic to some aspects of the bill. Denver apparently had obtained certain concessions, and western Colorado, represented by Frank Delaney, did not approve. Governor Ed Johnson called him into his office in the State Capital and said, "Now Frank, we've come a long way, and we have so much to gain for our state. If you continue to be in the way of this important federal legislation the water will just go down the river to California." Apparently, Frank Delaney looked the governor in the eye and said, "Well, if it goes down the river to California I can wave at it as it goes by." 1