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<br />001487 <br /> <br />-10- <br /> <br />any period of ten consecutive water-years. These negotiations were <br />initiated under the Compact Clause of the Federal constitution. <br /> <br />. <br /> <br />However, Colorado does not concur in the implied, and often re- <br />peated assertion, that controversies concerning the waters of the COlorado <br />River oan and should be resolved by joint action of all seven of the <br />Colorado River Basin states, nor does the State concede that an adjustment <br />of all controversies in both the Upper and Lower basins must be settled <br />before major developments of the water resources of the river may prooeed. <br />There are controversial matters peouliar to eaoh basin whioh are unrelated <br />to those in the other, the adjustment of which will permit development <br />to go forward in one basin although unresolved questions remain in the <br />other basin. <br /> <br />., <br /> <br />It is pertinent to point out that after initiation of compaot nego- <br />tiations by the states of the Upper Basin, it was found neoessary to ap- <br />point an engineering oonnni ttee to review the water supply and depletion <br />estimates and other faotual information oontained in the Report, and to <br />supply data not included in the Report whioh is recognized to be neoessary <br />or desirable for the negotiation and consunrnmtion of a workable compaot. <br />It is here suggested that this faot indioates the need for a modifioation <br />of the Report and the inclusion in it of data and information whioh it does <br />not now contain. <br /> <br />., <br /> <br />9. In Colorado there may be no allooation to speoifio projects. <br />It is asserted in the Report that all the states have not made final allo- <br />cations of water among projeots within their borders. This implies and <br />amounts to a proposal that final allooations to individual projeots are <br />neuessary and must be made in advanoe of their construction. Colorado <br />po.ints out that no official or agency of the State is aut:.10rized to oomply <br />with or oarry out such a proposal. No suoh authority. could be granted by <br />the legislature to any official under the constitution of the State. The <br />right to divert and use water in Colorado is based upon prior appropri- <br />ation for benefioial purposes. Any change of principle or method would <br />require the amending of the State oonstitution. <br /> <br />!; <br />~ . <br />f. <br />I: <br /> <br />Under Section 8 of the Reclamation Aot of 1902 the Seoretary of thu <br />Interior is reouired to appropriate and divert water for reolamation <br />projects in conformity with the state laws regulating appropriaoion, use <br />and distribution of water supplies. And it must be noted that ,ben hew <br />projeots are constructed, the rights of existing appropriators must be <br />reoognized and protected in order that such new projeots may not adversely <br />affeot established water uses, <br /> <br />Colorado must, therefore, reauest that, on the basis of the existing <br />laws of the State respeoting water rights, that all statements contained <br />in the Report which directly or indireotly imply that final allocation to <br />individual projects is necessary and must be made in advance of further <br />