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COLORADO
<br />state's water projects might not be legally entitled to divert water. The stage
<br />was set for a bitter interstate conflict.
<br />In 1921, the Colorado River Commission was formed to devise a
<br />or the "Colorado Doctrine." Prior appropriation says that whoever first
<br />diverts water and puts it to beneficial use has legal claim to that water,
<br />regardless of whether it is used near the natural stream course or is carried to
<br />more distant uses through ditches, pipelines or tunnels. So useful was this
<br />principle of water allocation, that it was written into the state constitution
<br />when Colorado was admitted to the Union in 1876.
<br />Not long after statehood, the first diversions for irrigation from the
<br />Colorado River occurred on the west slope. The Grand River Irrigation
<br />Company began the Pioneer Ditch in 1882, followed within a few years by
<br />other efforts to serve the fertile Grand Valley surrounding Grand Junction.
<br />Other entrepreneurs saw an opportunity to collect snowmelt at the
<br />headwaters of the Colorado River and divert it to east slope farmers. The
<br />resulting Grand River Ditch carries water for 17 miles to farms on Colorado's
<br />eastern plains. Construction of the ditch began in 1894, and it was
<br />completed over a 40-year period. Today, this remarkable engineering
<br />achievement stands as the only irrigation ditch in Colorado on the National
<br />Register of Historic Places.
<br />For residents of Colorado, one of the most challenging aspects of
<br />water resource development was in securing the funding to build extensive
<br />ditch and reservoir systems. Some turned to foreign investment, others
<br />looked to the federal government, which by the end of the 19th century
<br />became interested in "reclaiming" Western lands and making them
<br />productive. With passage of the 1902 Reclamation Act, the U.S.
<br />Reclamation Service (the precursor to the U.S. Bureau of Reclamation, the
<br />service was an agency within the U.S. Geological Survey) was positioned to
<br />play its part in Western water development. Diverting water from the
<br />Gunnison River to the Uncompahgre River Valley through the Gunnison
<br />Tunnel in west-central Colorado was the Reclamation Service's first project
<br />in Colorado.
<br />By 1920, growth and drought in the Lower Colorado River Basin
<br />states made conflict and competition for the waters of the river inevitable.
<br />California's development was well ahead of the other basin states. When the
<br />U.S. Supreme Court announced in 1922 that the Doctrine of Prior
<br />Appropriation would rule in interstate water conflicts on the Colorado
<br />River, the upper basin states panicked. Colorado's officials were concerned
<br />that there would be no unappropriated waters available when its own growth
<br />and development required construction of water projects. Future projects,
<br />they reasoned, would be junior to downstream diversions; in drier years the
<br />solution to apportioning the waters of the Colorado River. Chaired by then
<br />Secretary of Commerce Herbert Hoover, the commission featured
<br />representatives from each river basin state. Delph Carpenter, Colorado's
<br />member, was a Greeley lawyer known as the "silver fox" for his appearance
<br />and intellectual cunning. Carpenter's skills as a negotiator made possible the
<br />many compromises required to reach a basinwide agreement. Later called by
<br />many the "Father of the Colorado River Compact," Carpenter recognized
<br />the danger to the upper basin states in using the Doctrine of Prior
<br />Appropriation in resolving interstate quarrels.
<br />Emulating the Hispanic principle of equitable apportionment,
<br />Carpenter fought for equity, not only for Colorado, but for the other states as
<br />well. He suggested that the seven upper and lower basin states negotiate a
<br />treaty that would divide the waters of the Colorado River roughly equally
<br />between the upper and lower basins. Additionally, an interstate treaty
<br />requiring congressional approval, he reasoned, would force the federal
<br />government to recognize states' rights in water matters, stop the United
<br />States from claiming all unappropriated water in the river and preserve
<br />waters for use by the slower-growing upper basin states.
<br />Ratification of the compact encouraged construction of Bureau of
<br />Reclamation projects along the Colorado River. In the upper basin, this
<br />federal activity included transmountain diversion. After being studied as
<br />early as the 1890s, backers of the Colorado-Big Thompson Project (C-BT)
<br />took advantage of a drought and New Deal politics to move ahead during
<br />the 1930s. Built and partially funded by the bureau, the C-BT consists of
<br />collection reservoirs, which hold snowmelt runoff from the headwaters of the
<br />Colorado River, and an impressive array of canals, pipelines, tunnels (one 13
<br />miles long under the Continental Divide and Rocky Mountain National
<br />Park) to carry water to the eastern slope to supplement agricultural,
<br />municipal and industrial supplies.
<br />Serious planning for
<br />the C-BT, Colorado's largest
<br />transmountain diversion
<br />project, prompted west slope
<br />residents to form the Western
<br />Slope Protective Association
<br />(WSPA) to protect their
<br />water interests. When state
<br />law enabled the Northern
<br />Colorado Water Conservancy
<br />District to organize under the
<br />Water Conservancy Act and
<br />to pursue construction of the
<br />C-BT, the WSPA reacted by
<br />reorganizing into the state-
<br />authorized Colorado River
<br />Water Conservation District
<br />(River District).
<br />Spearheaded by U.S.
<br />THE WHITE HOUSE
<br />WAS' _oH
<br />June 2s, 1929
<br />Mr. Dolph E. Carpenter
<br />Greeley, Colorado
<br />My dear Mr. Carpenters
<br />Your note of June 25th to
<br />Richey with the clipping enclosed, has
<br />come to my hand.
<br />I am not so much interested
<br />in my worries as I am in expressing to you
<br />the feeling I have over the consummation
<br />of the Colorado River Compact. That
<br />compact was your conception and your
<br />creation, and it was due to your tenacity
<br />and intelligence that it has succeeded.
<br />Sometime I want to be able to say this and
<br />say it emphatically to the people of the
<br />West.
<br />Yours faithfully /
<br />t?
<br />HERBERT HOOVER ACKNOWLEDGES EFFORTS OF
<br />COLORADO'S DELPH CARPENTER.
<br />Congressman Ed Taylor of
<br />Glenwood Springs, chairman
<br />of the House Interior Appropriations Subcommittee, west slope residents,
<br />led by the River District, successfully argued for "compensatory storage" for
<br />Colorado River water that would be removed from the basin. This
<br />compensation was provided by construction of Green Mountain Reservoir,
<br />which continues to serve as a primary water source for western Colorado.
<br />Although the 1922 compact was an example of how cooperative
<br />negotiations could successfully address Colorado River issues, it did not
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<br />GROUNDBREAKING IN 1962 SIGNALS THE BEGINNING OF CONSTRUCTION OF
<br />COLORADO'S BLUE MESA RESERVOIR. PARTICIPATING ARE, FROM LEFT,
<br />CONGRESSMAN WAYNE ASPINALL, GOVERNOR STEVE MCNICHOLS, SENATOR JOHN
<br />CARROLL AND BUREAU OF RECLAMATION COMMISSIONER FLOYD DOMINY.
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