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Last modified
8/11/2009 11:41:09 AM
Creation date
9/30/2006 10:12:07 PM
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Publications
Year
1952
Title
A Hundred Years of Irrigatioin in Colorado, 100 Years of Organized and Continuous Irrigation
Author
CWCB
Description
Irrigation history of Colorado
Publications - Doc Type
Historical
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<br />~74- <br /> <br />. <br /> <br />"There remain, however, vast areas 01' public land which <br />can be made available for homestead settlement, but only by <br />reservoirs and mainline canals impracticable for private en- <br />terprise. These irrigation worksshould,be built by the <br />National Government. 'The lands reclaimed by them should be <br />reserved by the Government for actual settlers, and the cost <br />of construction should so far as possible be repaid by the, <br />land reclaimed. The distribution of the water, the division <br />of the streams among irrigators, should be left to the set- <br />tlers themselves inconformity with State laws and without <br />interference v'lith those laws or with vested rights. The <br />jJolicy of the National Government should be to aid irriga- <br />tion in the several States and Territories in such manner as <br />Vlill enable the people in the local oommunities to help ,them- <br />selves, and as will stimulate needed reforms in the State <br />laws and regulations governing irrigation." <br /> <br />The early-day concept of Federal irrigation development of the <br />public domain has been expanded over the years by numerous acts of Con- <br />gress to include supjJlemental irrigation of priVate lands, incidental <br />power production, ~lood control, and relief from detriments to fish and <br />wildlife from reclamation activities in connection with multiple-use <br />projeots. Also,it is no longer financed solely fromprooeeds of the <br />Reclamation Fund. <br /> <br />~, <br /> <br />The authority of 'the United States to engage in reclamation was <br />sustained in the beginning by Article IV, Section 3 of the Constitution <br />giving Congress power "to dispose of and make needful rules and regula- <br />tions respeoting the territory or other property belonging to the United <br />States." Some reclamation project authorizations , such as the Boulder <br />Canyon Project, were based on the commerce clause of the Federal Con- <br />stitution. As late as June 5, 1950, the oonceptof the authority for <br />Federal reclamation was broadened in the important Ul!ited States Supreme <br />Court case of United States v. Gerlach Livestock Company. While holding <br />that Congres~ has directed that, in the Federal reclamation program, <br />state-created water rights must be recognized, ,the Court said: <br /> <br />" . . . Thus the power of Congress to promote the general <br />welfare through large-so ale projects for ~reclamation, irrigation, <br />or other internal improvement, is novl as clear and ample as its <br />povler to accomplish the same results indirectly through resort <br />to strained interpretation of the power over navigation." <br />(Bmphasis supplied) <br /> <br />Although the Federal reclamation program does nO,t by any means <br />foreclose irrigation development through private financing, it is realized <br />at this time that, in most instances, the major projects development re- <br />quired to utilize the water resouroes of the'dest will have to be ac- <br />complished through Federal financing. <br /> <br />,. <br /> <br />In the first thirty-five years of the Federal reclamation program, <br />from 1902 to 1937, only two Federal water development projects were con- <br />structed in Colorado. These were the Uncompahgre and the Grand Valley <br />
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