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BOARD01417
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Last modified
8/16/2009 3:01:36 PM
Creation date
10/4/2006 6:54:47 AM
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Board Meetings
Board Meeting Date
5/24/1999
Description
WSP Section - Colorado River Basin Issues - Upper Colorado River Commissioner's Report - Historic and Continuing Interest of the Upper Basin in Preserving Secure Interstate Allocations
Board Meetings - Doc Type
Memo
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<br />After the Compact came discussions over who would build and pay for these works. Possible ... <br />candidates included the federal government, the irrigators, power customers, or private entities. .. <br />Additionally, the states worried over their respective jurisdictional responsibilities, and the authority of <br />the Federal Power Commission, if a major dam were to be constructed by a private entity. This debate <br />did serve to make one fact perfectly clear: the construction and operation of any major facility on the <br />Colorado River was too big, and the international and interstate issues too complex, for anyone other <br />than the federal government to undertake.22 <br /> <br />The federal government did undertake this responsibility in 1928, when the Boulder Canyon <br />Project Act23 authorized the construction of Hoover Dam and the All-American Canal. As the states <br />would later see in the U.S. Supreme Court decision in Arizona v. Califomia,24 the Boulder Canyon <br />Project Act also represented a major step by Congress in the imposition of federal authority (albeit with <br />the consent and in coordination with the states), in the allocation, regulation and operation of the <br />Colorado River. <br /> <br />Although the state representatives agreed on the terms of the Colorado River Compact in 1922, <br />the ratification of that pact by each of the Seven Basin States proved to be a monumental undertaking. <br />Again, the states required the aid of the federal government. By 1928, when Congress passed the <br />Boulder Canyon Project Act, only four of the seven states had ratified the Compact. 25 Arizona was <br />particularly adamant in its opposition to the Compact. Congress recognized, therefore, that it was not <br />enough simply to authorize construction of the dam. There was also the need to establish an orderly <br />means to cany out the distribution and allocation of water, but not to foreclose the ability of the Upper <br />Basin to fully develop its share of the River. Therefore, the Act authorized the Secretary of the Interior <br />to undertake a broad feasibility study of water and power projects throughout the Basin, "and of ... <br />formulating a comprehensive scheme of control and the improvement and utilization of the water of the .. <br />Colorado River and its tributaries."2' To bypass recalcitrant Arizona, the effectiveness of the Boulder <br />Canyon Project Act was contingent upon California limiting itself to total water consumption from the <br />Colorado River of 4.4 maf per year, and upon ratification of the Compact by any six states, including <br />California." California almost immediately passed the California Limitation Act" and ratified the <br />Compact. Ratification by Utah soon followed, and the Boulder Canyon Project Act became effective." <br />Soon after, in the 1931 California Seven Party Agreement, the major California entities agreed among <br />themselves on the priorities within California. <br /> <br />22Hundley, Pages 113-137. <br /> <br />23Act of December 21, 1928, ch. 42, 45 Stat. 1057. <br /> <br />24373 U.S. 546 (1963). <br /> <br />"Hundley, Page 276. <br /> <br />2645 Stat. 1057, ~16, <br /> <br />2745 Stat. 1057, ~4(a). <br /> <br />"Chap. 16, Calif. Stats. 1929, p. 38. <br /> <br />e <br /> <br />2"Hundley, Page 281. <br />
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