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<br />12
<br />
<br />STANFORD LAW REVIEW
<br />
<br />[Vol. 19: Pagc 1
<br />
<br />Lowcr Basin guaranteed water from storage and with the Lower Basin and,
<br />especially, California, growing at a phenomenally rapid rate, the Upper
<br />Basin felt it could not accede to the storage needs of the Lower Basin with-
<br />out assurance that some water would be left for future Upper Basin use.
<br />Thus, the scene was set for an agreement berween the rwo interests that
<br />would give the L()wer Basin the river regulation it needed and would pre-
<br />serve a supply of water for use by the Upper Basin in the future.
<br />But the desirability of reaching an agreement-even the dirc necessity
<br />of reaching an agreement-<loes not always produce agreement, the Jor-
<br />dan River controversy being but one example. In the case of the Colorado,
<br />however, agreement was forthcoming in a comparatively short time. Seri-
<br />ous attention was focused on the problem shortly after the conclusion of
<br />World War I, and compact commissioners Were appointed by the states
<br />and by the federal government in 1921 and early 1922. The federal repre-
<br />sentative was Herbert Hoover, then Secretary of Commerce (and later
<br />the President who promulgated the compact). Hoover was elected chair-
<br />man of the commission and was a dominant ligure throughout the proceed-
<br />ings. After desultory meetings in Washington and various state capitals in
<br />the West, the commission settled down in the Bishop's Lodge, outside Santa
<br />Fe, New Mexico, and in the short space of rwo weeks (November 9 to No-
<br />vember 24,1922) turned out the compact. No doubt it would be ungrateful
<br />to remark that perhaps speedy agreement was bought at the price of clarity
<br />of meaning, but the fact remains that many observers are uncertain in their
<br />understanding of the document. A close examination is made of its pro-
<br />visions in the next section.
<br />Once the compact itself had been signed, ratilication took six years.
<br />From the lirst, Arizona steadfastly refused to join. Although the six other
<br />states thereupon waived the requirement of seven-state approval, Utah
<br />had a later change of mind and blocked ratilication by withdrawing her
<br />consent. In 1928 Congress approved a six. state compact," and thereafter
<br />Utah affirmed its original ratilication. Finally, on June 25, 1929, President
<br />Hoover proclaimed its effectiveness." Arizona did not ratify until 1944.
<br />
<br />B. Th~ Provisions of tM Compact D~scrib~d and Anal')'zed
<br />
<br />Article I states the purposes of the compact." Article II contains delini-
<br />tions, several of which merit special attention. The "Colorado River Sys-
<br />
<br />67. The Colorado River Comp.act was lIpproved by Congress in S 13(01) of the Bouldu Canyon
<br />Project Act, 45 St:ll. 1064 (1928),43 U.S.C. S 617/ (1964).
<br />68. The Presidenti.al Proclamation declaring the comp.ad and ad to be in effect w.as issued June
<br />25. )929. 46 St.at. 3000 (1929). For det.ails of the negoti.ation, r:J.ti.fication. and congressional consent
<br />to the 192:1 comp.act, see Wilbur &: Ely, op. at. mPTiI note 6~, .at 17-23, 32-.U. 60-63.
<br />69. The full text of the c.omp.act is reprinted in many pl.aces. E.g.. U.s. DEP'T OF INTD.I01,
<br />Docm.tENTS ON na: USE AND CoNTROL OF THE W ATER5 OF INTERSTATE AS"D INTERNAnoNAL STR.L\lI.'
<br />39 (1956); Wilbur &: EJ}", op. ot. srlprll not(' 62. at ^17.
<br />
<br />I'o\"cmbcr 1966J
<br />
<br />tern" is defined as inc'
<br />thereafter, the comp,
<br />where it explicitly ,
<br />Basin" is delined as
<br />river system but any I
<br />of the river are beneF.
<br />,ions. Article II also
<br />division point Lee F,
<br />the drainage area int'
<br />ests. Finally, "domesl
<br />rration.
<br />Article III conta;
<br />waTer from the syste,
<br />recognizes the possil
<br />to her of Colorado ]
<br />treaty obligation by ,
<br />the Upper Basin to d,
<br />Othcr provisions of 1 I
<br />portioned in the con
<br />initiating a further ap
<br />Article IV (b) is r,
<br />for agricultural and
<br />generation. Arlicle V
<br />in gatllering and dis:
<br />5\'sft"m water. No c(
<br />.;"rmanent agency fc I
<br />contcmplates tlle apI
<br />,'ersics arising berwe,
<br />Ihi" arricle preserves:
<br />a choice of remedies
<br />th,' right of the state,
<br />One other article
<br />,bls with the right,
<br />event that storage sh
<br />dcclaring that presel
<br />article VlIl in effect t
<br />the reservoirs. The (
<br />present perfected rig
<br />'truction of reservoir
<br />5 million acre-feet. Ir
<br />3t Hoover Dam) hac:'
<br />
<br />
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