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WSPC06900
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Last modified
1/26/2010 12:08:17 PM
Creation date
10/9/2006 6:08:08 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8200.700
Description
Colorado River - Colorado River Basin - Colorado River Basin General Publications
State
CO
Basin
Colorado Mainstem
Date
9/11/1939
Author
Clifford H Stone
Title
In the Matter of The Application of the State of Arizona to the Federal Power Comm for a Prelim Permit at Bridge Canyon Ariz - Act of Arizona Legislature Creating Colorado River Commission of Arizona
Water Supply Pro - Doc Type
Report/Study
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<br />OC138tl <br /> <br />"\ <br /> <br />ANSWER TO QUESTION NO.1: <br />While Arizona is a sovereign state. we know of <br />no rule that would give her, when applying for privileges <br />to the Federal Government, any other or different right <br />than would be accorded a citizem or individual in making <br />a similar application (59 C. J. 170, par. 284). '~e know <br />of no constitutional limitation on the state's right to <br />contract, and in this particular she is expres sly author- <br />bed to file on dam si tes by the statute creating the <br />Colorado River Commission which has the power to represent <br />the state by Senate Bill No. 112 not yet published." <br />The authority fcr the state to make this appli- <br />cation originally lay in its State land Commissioner. who <br />later was succeeded by the Colorado River COmmission of <br />Arizona beoause of the above and foregoing act. Arizona, <br />as she views it, is thus placing herself' in the same class <br />as any other applicant for a permit under the Federal Power <br />Act, and we feel it unnecessary to go into the question of <br />state sovereignty, etc., which raises many questions we <br />deem unneoessary in this discussion. <br />The "Federal Povror Aot", 16 U. s. C. A., Chapter 12. <br />has empowered the Commission to issue the permit unless <br />some legal obstaole stands in the way. and the Federal <br />Power Ccmnnission is authorized to grant to the state either <br />a preliminary permit or a license. and in considering this <br /> <br />i, <br /> <br />8. <br />
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