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WSPC03626
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Last modified
1/26/2010 11:35:45 AM
Creation date
10/9/2006 4:06:35 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8210.720
Description
Colorado River Basin Organizations-Entities - US Bureau of Reclamation
State
CO
Basin
Colorado Mainstem
Water Division
5
Date
3/28/1945
Author
CWCB
Title
Statement of the State of Colorado - By the CWCB - Concerning Report on Colorado River Basin in Preparation by Bureau of Reclamation
Water Supply Pro - Doc Type
Report/Study
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<br />001H6 <br /> <br />-14- <br /> <br />under part one, "Betv.een the Upper and Lower Basins," are entitled, The <br />Colorrdo River Compact, the Boulder Canyon Project Act, Contracts for <br />Power and Hater, and Boulder Canyon projeot Adjust;1ent Aot. Hith respect <br />to Chapter III, "Dividing the Hater," Colorado suggests revisions, amend- <br />ments, and rearrangements of the information, as follows. <br /> <br />" <br /> <br />(I) Early in said chapter, under the heading, "Between the Up- <br />per and Lower Basins," include the full text of the Colorado River Com- <br />pact, - a document involving but 4 printed pages which is of suoh imp or- <br />tanoe as to justify its reproduction in full. Its inclusion will not add <br />to the length of the Report, for thereby many of the explanatory state- <br />ments as to provisions of the Compaot oan be deleted, some of which state- <br />ments may not be entirely accurate, or at least must be revised to make <br />them accurate. Colorado suggests that introductory COllm1Elllts, concerning <br />the fears, hopes and contentions, that are said to have motivated the <br />negotiation of the Compact, should be confined to statements of physical <br />conditions and relations affecting development needs and programs, and <br />should so fur as possible avoid interpretations of decisions (such as <br />the decree entered in 1922 in the case of Hyoming v. Colorado respecting <br />the Laramie River, which Colorado says is wrongly interpreted in the <br />Report, as evidenced by subsequent interpretations thereof by the Court <br />itself); and should eliminate legal opinions such as those concerning <br />"bhe law respecting rights to the use of waters of interstate streams," <br />and contentions such as that "the federal government was the agency which <br />logically should effect the regulation 0 f river develo..,merrt" (since the <br />lower part of the Colorado River WaS or had been navigable). In the <br />event the Bureau of Reclamation elects to COJ1l)'lIent on legal questions as <br />the same may have been interpreted in 1922, the Report should inclUde a <br />review of the case of Kansas v. Colorado respecting the ArkansaS River, <br />decided in 1907 (and recently reaffirmed), which stream also was or had <br />been navigable in its lower reaches; and which decision def,initely cover- <br />ed both questions of interstate and federal-state )'elations. <br /> <br />" <br /> <br />, <br /> <br />(2) In part (2) entitled, "Congressional Acts," inclUde brief <br />digests of the Boulder Canyon Project Act, and the Boulder Canyon Project <br />Adjustment Act, together with such other Acts of Congress as may be re- <br />lated thereto, and such agreements thereunder between the United States <br />and interested organizations as related to the authorization and construc- <br />tion of Boulder Dam; and also a summary of the contracts for power which <br />v.ere enter.ed into and are now in effect. <br /> <br />. <br /> <br />(3) In part (3) of the Chapter on "Dividing the Hater ," ent:!,t- <br />led, "Between the states of the Lower Division," summarize all the con.. <br />trncts entered into between the United states and the states of the <br />Lower Division and interests therein, having to do with the delivery or <br />use of waters of the Colorado River system. Colorado says that numerous <br />contracts have been made, only a few of which are mentioned in the Re- <br />port, and that such information (inoluding the recently negotiated con- <br />tract with Arizona" whioh is not mentioned in the Report) should be pre- <br />sented, together with suggestions by the BureaU of Reelamation as to <br />what step's might be taken to "clarify interstate relations," as request- <br />ed in the Report. <br />
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