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<br />38
<br />
<br />[Vol. ]9: Page I
<br />
<br />STANFORD LAW REVIEW
<br />
<br />Senate,''' a muster of troops by Arizona at the California border,''' and
<br />hundreds of thousands of words in congressional hearings and judicial
<br />proceedings. As Judge Simon H. Rifkind, the Special Master in Arizona v.
<br />Califomia, once had occasion to remark, the problems of the river would
<br />be solved if only the scientists could turn words into water.
<br />As this Article goes to press a truce between the two states has endured
<br />for almost eighteen months, and if history could be forgotten one would he
<br />tempted to look forward to a new eIa of mutual trust and cooperation in
<br />the Lower Basin. Whether thar optimistic view is justified can best be
<br />judged after a review of the past.
<br />
<br />A. History of th~ Controv~rsy B~twun Arizona and Calzjornia
<br />
<br />From the moment the Colorado River Compact of 1922 was signed in
<br />Santa Fe by a reluctant representative of Arizona,''' the compact was in
<br />trouble in that state. The story is briefly told in the following account, taken
<br />from a recent book:
<br />
<br />During the: time that the compact was being negotiated, Arizona was in the
<br />throes of an election campaign for governor and other state officials, a campaign in
<br />which the approach to a solution of Colorado River problems became involved.
<br />The Republicans, led by their incumbent Governor Campbell, in genera! supported
<br />the reclamation policies of the federal government, while the Democrats, led by the
<br />redoubtable George W. P. Hunt who had formdy ~en governor for three terms,
<br />expressed a suspicion of developmental projects except on such terms as Arizona
<br />laid down. Hunt won a victory of landslide: proportions and immediately indicated
<br />that he would give his consent to no part of the agreement then being completed
<br />at Santa Fe which in any way compromised the rights of Arizona. He questioned
<br />the adequacy of the engineering data on which a compact could be based, expressed
<br />f~r of allowing any water to cross the bcuder into Mexico for irrigating land for
<br />uasiatic colonies," and suspected the demands of California for power develop-
<br />meDts.J88
<br />
<br />The issue of ratification became immersed in politics, with the lame-duck
<br />Republican governor leading the campaign for the compact (supported by
<br />the Republican administration in Washington, particularly Herbert Hoo-
<br />ver) and with Governor-elect Hunt calling for its defeat. The legislature
<br />
<br />~
<br />
<br />(opinion), 376 U.S. 340 (196,,) (decree:) (suit for declaration of water rights of Lower Basin ,tates
<br />under Boulde:r Canyon Project Ae:t).
<br />163. Wilbur & Ely, Th~ Hoo,," Dlltn Documm/I. H.R. Doc. No. 717. 80th Cong., 2d Se:ss. 40
<br />('9.8).
<br />16". D. MANN. THE POl.ITICS OF WATEJI. IN A.Jt.llOSA 86 (1963).
<br />165. The Arizona commissioner, W. S. Norviel, had been .a suspiciow and somewh..t obstrep-
<br />trous rnanber of the ntgotiaring group from tht beginning. The inclusion of the asymmetrical article
<br />1n(b) (gi'Ymg the Lower Ba~in the light to increase its consumptive use: hy I millioQ acre-feet a
<br />year) was probably due to Norvicl. who was gre..tly concerned about Arizona's Gila River, a part of
<br />the Colorado River system located almost exclusively in Arizona.
<br />These coDclwions are based on Ihe Author's reading of the minutrs of the Colorado Rh.er CDm-
<br />paa Commissioners which were offered but not receivtd in evidence in Arizona I'. CD1i!ornill..
<br />166. MA.NN. 0'. at. tuprll Dote 164. at 82-83 (footnotes. omitted).
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