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WSPP00097
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WSPP00097
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Last modified
1/26/2010 10:47:31 AM
Creation date
10/1/2006 2:05:19 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8200.300.40.B
Description
Colorado River Basin-Colorado River Basin Legislation/Law-Compacts-Upper Colorado River Compact
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
1/1/3000
Author
Jean S Breitenstein
Title
Memorandum-January 16-Peterson Opposing McCarren Resolution and Hinshaw Bill-Memorandum on Water Uses for Indians in the Colorado River Basin
Water Supply Pro - Doc Type
Report/Study
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<br />I <br />'-""t~ <br /> <br />PROVISIONS OF THE COLORADO RIVER <br />COili)'AC:;: RELATING TO INDIAUS <br /> <br />Artiole VII of the Colorado River Compact (45 Stat. 1057) provides 1 <br /> <br />"Nothing in the compaot shall be oonstrued as affeoting <br />the obligations of the United States of Junerica to Indian tribes." <br /> <br />In commenting upon this provision the Hon. Herbert Hoover has <br />said (see The Hoover Dam Contracts-Wilbur and E1y, p. 401)1 <br /> <br />"This article WaS perhaps unneoessary. It is merely <br />a declaration that the States, in entering into the agree~ <br />ment, disclaim any intention of affeoting the performance <br />of any obligations owing by the United States to Indians. <br />It is presumed that the States have no power to disturb <br />these relations, and it Was thought wise to declare that <br />no such result was intended." <br /> <br />It would seem elementary that the states may not by compaot affect <br />in any 'Way the obligations of the United States to the Indians. An inter- <br />state compact does not have the effect of a statute of the United States <br />(see Hinder1ider v. La Plata River & Cherry Creek Ditoh Co., 304 u.s. <br />92, 109). The Colorado River Compaot in making the apportior~nt between <br />the basins of the beneficial consumptive use of water does not differen- <br />tiate from uses by Indians and uses by whites. Article III (a) states <br />that the apportionment there made "shall include all water necessary for <br />the supply of any rights which may now exist." The term "any rights" <br />would seem clearly to include Indian rights. <br /> <br />2106 <br /> <br />-14~ <br />
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