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<br />c-,.l <br />'.' <br /> <br />" <br /> <br />havo used;' but I think tho sorious consideration of this by Judge Davis, <br /> <br />':.,r. Carpentor and ethors to whom I have montionod it, has croatod in thoir <br /> <br />.. <br /> <br />minds tho doubt that tho pact as it stands doos give this propor control <br /> <br />of powor and that wo must make some specific montion in ordor to bring <br /> <br />pOVi~r ,mder control of the pact. <br /> <br />Wo havo givon a great doal of thought to that and we conoludod that <br /> <br />this paragraph horo Tlould vory mo.torially Ij-lllit tho powor rights, but <br /> <br />not wholly, boco.uso a powor ri.ght in tho Uppor or LOVior Basin might bo <br /> <br />construed in control of eHher basin nithin this limitatien. In other <br /> <br />words, it might givo i,t a further expansive right, and we need sOlllothing <br /> <br />in hero that limits specifically, powor in its ,rights to oach of tho basins. <br /> <br />Judgo Davis draftod a po.ragraph last night, redrafting this particulo.r <br /> <br />. <br /> <br />soction to include thatidoa. Havo you got it there, Judgo? <br /> <br />(Judge Davis' draft was thClreupon read by Chairman Hoover, as follows:) <br /> <br />... <br /> <br />"Subject to the provisions of this compact" (H09vor: to bo substitutod <br /> <br />for Article (b), "the water of the Colorado Riv:er System may bo impounded <br /> <br />and used for the goneration of olectrical powe:ri.",: <br /> <br />(By those expressions we thought .-Ie would put "power" into the pact <br /> <br />as being a rightful and proper use, and also .wo. would make :Lt subject to <br /> <br />the control of Article III.) "But such use shan bo subservient to the use <br /> <br />and necessary consumption of such water for agd,cultural and domestic <br /> <br />purposes and shall not interfere with or prevont u.se for sl.1ch dominant <br /> <br />purposes. And such :il!lpounding and use in ene Basin shall not create .any <br /> <br />right effective beyond that Basin nor affGct t];te flow of waters in.the <br /> <br />. <br /> <br />other Basin." <br /> <br />The essential difference here is. simply tho last sentence. <br /> <br />'.. <br /> <br />JUDGE DAVIS: I think the affirmative stat~ment that water may' be <br /> <br />used for power purposes is valuable. <br />