-2_
<br />y�
<br />of the Constitution. of State of�Colorado_Whioh provided. a. k
<br />"The water of every natural stream, not heretofor,e,, appropriated,
<br />`
<br />within the; State of iCol•orado, is- 'hereby declared to -be the '
<br />- property' of the public, and the same is `dedicated to the us of
<br />the` people of the State, subject to appropriation
<br />f.
<br />I
<br />(Section 5,' -Art: XVI)
<br />The placing of the users of water i -n -Colorado for -domestic, munioi -
<br />r'
<br />pia;' irriga.tlon, livestock, mining and industria-1 purposes `in. the position
<br />'for
<br />of ' water., under_ rules' and regulations * made and enforced -by
<br />a
<br />a federal corporation, thus dep:aIving such water 'users of protection under
<br />State law whereby they acquire ,a property right in water tivhich- is :"necessary
<br />x'
<br />to insure a prosperous and secure water development within this State.
<br />`4. The relegation of existing agencies of the- Government dealing; with`
<br />the water resource to a ,minor position under the direction kof a federal
<br />corporation.
<br />.�
<br />5. The transfer, to the corporation, under a procedure .spe,eified'in
<br />N
<br />these bills, of water projects constructed, : or under construction by any
<br />agency of the federal Government.
<br />t
<br />6. The subjecting of agricultural, mining and" industrial - growth within
<br />k
<br />_ the State to - '.the' determination and domination -' of a• federal .corporation „
<br />clothed with the power -of Government and in control of a• basic, eeonom.o
<br />resource, and
<br />' WHLREAS, The creation of, such' regional• Authorities is unconstitutional.,
<br />as not within. the :powers delegated to Congress by Section 8 of,Article of
<br />_I
<br />the United, States Constitution, and in violation of Article 10 of the
<br />'
<br />amendments to the United 'States Constitution, and is contrary to the -terms
<br />and provisions of the Enabling Act by which the State of 'Colorado was ad-
<br />mitted to membership • in, the "Union; and F •"
<br />dVHEREAS, The creation of -regional Authorities empowered to control and
<br />administer the `ddstribution-and use of water` to which rights .are,"presently
<br />attached would violate. Article 5 ,of the Amendments to the United States' ;Con-
<br />stitution; and
<br />-M EREAS, The breation of such regional Authorities would be directly ;
<br />contrary to the traditional, long standing and well established policy of
<br /> -
<br />the 'United _ States as evidenced by the Act - of July .26,' 1866 (14' Stat. 251),
<br />the Act of. July �, 1870 '(16 Stat. 21',7), the Act of 11arch 3 ,, 1877, (13 USC
<br />251)', .Section, 8 of the Reclamation Act 'of "1902', and of Section 'Public
<br />,I;
<br />Law 534, Chapter 665, r78th Congress., 2nd .Session, commonly referred to as
<br />the O'Mahoney- Millikin Amendments,• as well as by 'other, Congressional -Acts
<br />and numerous interstate .compacts - ap oved. by the Congress; now, therefore-,
<br />BE IT RESOLVED by the House of �Representatives of the Thirty - fifth
<br />W
<br />General - Assembly -of the State, of Colorado, the Senate concurring herein '
<br />j
<br />
|