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<br />BLACK CANYON INFORMATION PAPI:R
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<br />Oct, 2000
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<br />Testimony of Me, Larson on the fluctuations aftlows at Lee Ferry, p, 149: The lowest year was
<br />1934, ClT/d the virgin flow as we have computed it is 5,640,000, ClT/d the historical flow was
<br />4,396,000 acre-feet, , " The highest year of record was 1917 when the virgin flow was
<br />24,037,000 acre-feet, Representative William A. Dawson of Utah summarized: And the purpose
<br />of these dams you have been speaking of is to hold that water back and to deliver the uniform
<br />flow and at the same time conserve the water so that the upper basin States can recei,ve their
<br />share ClT/d still deliver the 75 million acre-fe<'l over the 10-year period to the lower basin Sf'ates?
<br />Me, Larson responded that was correct, '
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<br />, Testimony of Me, Larson on Curecanti unit, p, 182: When we made the first investigations on the
<br />, Gunnison River, we selected a reservoir of the capacity of 2 Y, million acre-feet in order to get
<br />some regulatory storage there for downstream developments at Crystal and Whitewater and
<br />regulatory storage for the whole Colorado system, and at the same time have some capacity
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<br />there for the future irrigation uses in the, upper Gunnison River, and for replacement there, and
<br />for maybe future industrial developmelit, The State of Colorado recommended that the reservoir
<br />size be limited to 940,000 acre-feet.
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<br />Vol. 5, testimony of Elmer Bennett, legislative counsel for the Department of the Interior,
<br />p, 260: To begin with, let me say that the provisions of the compact must to [sic] read in the
<br />light of the instrument as a whole, This is a usual legal principle in construing documents of this
<br />type, but in this particular case I would like to quote Hon. Delph Carpenter, who was
<br />commissioner for the State of Colorado in the negotiating of the compact, He said: 'First and
<br />foremost, it must be ever kept in mind that the intent of the compact is to he ascertained from a
<br />consideration of the entire instrument and that each clause must be considered in a connection
<br />with other clauses, ' Now in reading the compact as a whole and thus deriving a reasonable
<br />interpretation of article III(e) of the compacl~ we believe that first, one should turn to article Iof
<br />the compact, That article contains a statement of the purposes thereof The statement of
<br />purpose includes the following expression: 'To secure the expeditious agricultural and industrial
<br />development of the Colorado River Basin, the storage of its waters, and the protection of life ClT/d
<br />property from floods, ' I call your attention .\pecifically to the use of the words 'the storage of its
<br />waters' in the statement of hasic purpose of the compact which appears in article I of that
<br />compact. The representative of the United Stlltes in the negotiation of the compact was Herbert
<br />Hoover, who later became President of the Uliited States, In response to questions from
<br />Congressman Hayden of Arizona which were contemporaneous with consideration of the
<br />compact hy the States which were made parties thereto, Mr, Hoover stated the follOWing which
<br />will befound at page A-37 of House Documlmt 717 of the 80" Congress, otherwise known as-the
<br />Hoover Dam Documents: 'The future development of the Colorado River is dependent wholly
<br />upon the creation of storage, The lower Stales have certainly reached the limit of development
<br />by the direct diversion of the flow of the river, ' , , , In the case of the Colorado River, all of the
<br />States used the doctrine of appropriation or priority of time, and the result was that the upper
<br />basin States, which were developing much less rapidly, were very much concerned over the
<br />possibility that lower basin uses would continue to increase at a rapid rate, which would, by
<br />virtue of priority of time, use the entire flow of the river and thus preclude future development of
<br />the upper basin States,
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<br />B-2
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<br />002701
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