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<br /> <br />5 <br /> <br />CHAPTER 1 <br /> <br />of at least six States and the consent of the United States. Utah and California took the required action in <br />1929. The United States approval of the Compact was contained in Section 13 (a) of the Boulder Canyon <br />project Act of 1928 (see House of Representatives Document No. 60S, 67th Congress, 4th Session, <br />March 2, 1923; see Appendix 1 B.4 for text of Compact). <br /> <br />8.5 California Limitation Act <br /> <br />The consent of the United States to the Compact was conditioned by Section 4(a) of the Boulder Canyon <br />Project Act upon California passing a Limitation Act whereby the required storage dam would be built only if <br />California would agree "irrevocably and unconditionally" to limit her annual consumptive use of Colorado <br />River water to 4.4 maUyr of the 7.5 mafjyr apportioned to the Lower Basin by Article lIl(a} of the Colorado <br />River Compact, plus not more than one-half of any excess or surplus waters unapportioned by the Compact. <br />California met this requirement by passing the California Limitation Act on March 4, 1929 (see Appendix 1 <br />B.5). <br />In the interim period following the Colorado River Compact and the passage of the California Limitation <br />Act, the seven Basin States attempted to settle the division of the Lower Basin water supply and to bring <br />about a seven State ratification of the Compact. The failure to resolve these points delayed action by Con- <br />gress on legislation authorizing the construction of Hoover Dam. Finally, on December 21, 1928, the <br />Boulder Canyon Project Act was enacted (45 Stat. 1057) notwithstanding the failure of Arizona to ratify the <br />Compact and the inability of the States of the Lower Basin to agree on the division among themselves of the <br />allocation of Colorado 'River water. By proclamation dated June 25, 1929, President Hoover declared the <br />Boulder Canyon Project Act effective as of that date (see Appendix 1 B.6 for text of the Boulder Canyon <br />Project Act) . <br /> <br />C. Boulder Canyon Project Act (45 Stat. 1057) <br /> <br />C.l Major Impact <br /> <br />The purposes of the Act, as stated in Section 1, were controlling the floods, improving navigation, regula- <br />tion of flows, the storage and delivery of stored water for reclamation of public lands and other beneficial uses <br />"exclusively within the United States, and for the generation of electrical energy.. .to make the project self- <br />supporting and solvent." <br />In Section 1 Congress authorized the construction of Hoover Dam and Powerplant and the All-American <br />Canal to Imperial and Coachella Valleys in California. Congress also consented to the Colorado River Com- <br />pact (Section 13(a)). However, as noted above, Section 4(a) of the Act provided that in the absence of the <br />seven State appwval of the Campa" the Act would become elf",.ve only when the Campa" wa< appwved <br />by California and five of the other seven States, and it further provided that California would be required to <br />limit its consumptive use to 4.4 maf of the 7.5 maUyr apportioned to the Lower Basin by Article lIl(a) of the <br />Compact, plus not more than one-half of any surplus. California did so by enactment of the California Limita- <br />tion Act on March 4, 1929 (see B.5). <br />The Project Act, with this limitation on California, not only reserved Lower Basin water for the States of <br />Arizona and Nevada, but it provided protection to the Upper Basin against unlimited development in the <br />Lower Basin with prior appropriative rights to the water so used, as well as assurance that the Colorado Riv~r <br />Compact would not be nullified. <br /> <br />C.2 Division of Lower Basin Water <br /> <br />Section 4(a) of the Boulder Canyon Project Act authorized the Lower Basin States of Arizona, California <br />and Nevada to enter into an agreement providing that of the 7.5 mafjyr annually apportioned to the Lower <br />Basin by Article lIl(a) of the Compact there shall be apportioned to: <br />(1) Nevada, 300,000 acre-feet annually; <br /> <br />