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Last modified
1/26/2010 11:40:39 AM
Creation date
10/9/2006 4:47:09 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8230.100.10
Description
Colorado River - Interstate Litigation - Arizona Vs California
State
AZ
Basin
Colorado Mainstem
Water Division
5
Date
7/17/1959
Author
Charles E Corker
Title
AZ Vs CA - Legal Documents 1958-1965 - The Issues in Arizona V California - A Paper Prepared for Presentation at CU Western Resources Conference
Water Supply Pro - Doc Type
Report/Study
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<br />", <br /> <br />OG18J? <br /> <br />. <br /> <br />. <br /> <br />problem was obvious: a multipurpose reservoir like that now <br /> <br /> <br />formed by Hoover Dam, which would also produce large quantities <br /> <br /> <br />of hydroelectric power. <br /> <br /> <br />That solution--daring, imaginative, and unprecedented-- <br /> <br /> <br />met with aotive resistanoe from the states of the upper Colorado <br /> <br /> <br />River basin, and with justification: The upper states--Colorado, <br /> <br />New Mexico, Utah, and Wyoming--feared that control of the lower <br />river would stimulate its development and hasten the appropria- <br /> . <br />tion of water by the lower states at the expense of development <br />and use of the water at a later date by the upper states .11 The <br /> <br />result was a deadlock between the upper and lower states, broken <br /> <br />in 1921 by federal and state legislation, whereby Congress and <br /> <br /> <br />each of the seven states authorized the negotiation of the first <br /> <br /> <br />interstate river compact. <br /> <br />11 The Supreme Court did not apply the law of appropriation <br />across state lines in an interstate suit until the Laramie <br />River decision, on June 5, 1922, while the Colorado River Compact <br />was under negotiation. Wyoming v. Colorado, 259 u.S. 419 (l922). <br />The Court had already done so in a suit between private appro- <br />priators (Bean v. Morris, 221 U.S. 485 (l91l)) as had a number <br />of other state and federal courts. See cases cited in Wyoming <br />v. Colorado, 259 u.s. at 470-71. In the Laramie River suit, <br />which began in 19l1, the Court in 19l7 had ordered reargument <br />on "whether the rights asserted are to be tested and determined <br />solely by the application of the general principles of prior <br />appropriation, without regard to state boundaries, or whether, <br />on the contrary, the general principles of prior appropriation <br />are subject to be restricted or their operation limited in this <br />case by state lines, and if so, by what principles, under that <br />assumption, the case is to be controlled." Wyoming v. Colorado, <br />243 U.S. 622 (l9l7). <br /> <br />14. <br />
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