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Adjusting Water Rights Between States
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Adjusting Water Rights Between States
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Last modified
11/10/2015 3:13:06 PM
Creation date
2/20/2014 11:07:46 AM
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Water Supply Protection
Description
A report from the CWCB Director to the Association of Western State Engineers regarding adjusting water rights between the states.
State
CO
Basin
Statewide
Author
Clifford Stone, Director CWCB
Title
Adjusting Water Rights Between States
Water Supply Pro - Doc Type
Report/Study
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beneficial purposes. The members of this association are familiar with <br />the claims made in the petition of the United States to intervene in the <br />case of Nebraska vs. Wyoming, in which Colorado is an impleaded defendant. <br />The federal claim was broadened and becomes more startling than appeared <br />in the petition to intervene when we consider the statement of the govern- <br />ment made at the opening of the introduction of its testimony before the <br />special master appointed by the Court. May I here read a portion of this <br />statement, it is as follows: <br />"The principal function of the Federal Reclamation Act is to unite, <br />by artificial means, the two great natural resources, land and water, <br />to the end that man might be given an opportunity to make himself <br />more secure by expending his labor in the development and maintenance <br />of a home. This function could not be accomplished without the ex- <br />penditure of sums of money beyond the financial ability of private <br />enterprise. Unqualified control of the water to accomplish this <br />purpose is and was as necessary as the ownership and control of the <br />public land. <br />"The Reclamation Act of 1902, when considered in its entirety, <br />shows that the Congress intended that the Secretary of the Interior <br />should have complete and unrestricted control of the waters of any <br />stream which the Secretary determined to be necessary in the recl- <br />amation of semi -arid and arid lands in any project which he found <br />practicable under that Act. Under the Reclamation Act, the primary <br />concern of the United States was the settlement and irrigation of <br />public lands, The Congress recognized, however, that lands in <br />private ownership could be benefitted by the program, and, accord.• <br />ingly, provision was made originally for the full irrigation of such <br />lands by the waters of the Federal project; and subsequently, in <br />1911 by the Warren Act, provision was made for the sale of surplus <br />waters to' private corporations„ companies, or individuals having <br />inadequate supplies to serve properly the private lands under the <br />then systems. Such private lands, however, were required as a con» <br />dition to participation in the water supply made available by the <br />United States under the Reclamation Act to agree to comply with all <br />the terms, conditions, and limitations of the Act, and also with all <br />the rules and regulations promulgated by the Secretary of the Interior <br />under the Act. This intention has been expressed repeatedly in <br />supplemental and amendatory Acts, <br />-7- <br />
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