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<br />. <br /> <br />0018G5 <br /> <br />Either the seven-state compact specifically denies to the upper <br />basin the right to withhold water which it cannot use for agricultural <br />and domestic purposes or it does not deny us such a right. Either it <br />denies to the upper basin the right to withhold water to develop <br />nOWAY' n,... it- nnjQlQ nnt- n,:r.nu llC: ....'h~i- r;nht- <br />... -- -- -- ---- ---- ----...r; -- -..-- --;;J---- <br /> <br />At some length he organizes the material in his statement to indi- <br />cate that in his own mind he still has some doubt as to whether that <br />answer should be yes or no. On b.ahalf of the Department I wish to <br />state that the answer, so far as we are concerned, is that the upper <br />States under the compact clearly have the right to store water for <br />the purpose of regulating the flow in order to meet its obligations <br />to the lower basin. <br /> <br />Secondly, I wish also to state very clearly that our interpretation <br />of the compact, as I will explain in full, does mean that power may be <br />generated in the upper basin States from water which may not be used <br />for domestic and agricultural purposes. Firstly, the very purpose of <br />the compact is to provide a basis for the regulation of the streamflow <br />through storage of the waters of the stream, wherever that storage may <br />be necessary or appropriate to accomplish the apportionments made <br />by the compact. <br /> <br />Article III (e) of the compact upon which Senator Johnson's state- <br />ment is predicated reads as follows: <br /> <br />The States of the upper division shall not withhold water and the <br />States of the lower division shall not require the delivery of water <br />which cannot be reasonably applied to domestic and agricultural use. <br /> <br />To begin with, let me say that the provisions of the compact must <br />be read in the light of the instrument as a whole. To quote the Hon- <br />orable Delph Carpenter, commissioner for the State of Colorado in the <br />negotiating of this compact: <br /> <br />First and foremost, it must be ever kept in mind that the intent <br />of the compact is to be ascertained from a consideration of the entire <br />instrument and that each clause must be considered in connection with <br />other clauses. <br /> <br />Now, that is a statement of ordinary legal principles as I think <br />every lawyer in the room realizes, but I did want to emphasize that <br />as having been applied specifically by one of the principal negotia- <br />tors of the contract to the provisions of the compact. <br /> <br />Let us turn next to article I of the compact. That article contains <br />a statement of the purposes thereof. The statement of purpose includes <br /> <br />2 <br />