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<br />13 <br /> <br />law in a large measure controls between states in litigation pending on <br />original proceedings before the United States Supreme Court, this precedent <br />will be of value to me if the decision was in favor of the country of origin of <br />the water in dispute." Carpenter Papers, NCWCD, box 28, folder 9. <br /> <br />12. See the opinion of U.S. Attorney General Judson Harmon (21 Ops. Atty. <br />Gen., vol. XXI, 274, 280-83) in which he ruled that the United States had a <br />perfect right to utilize the entire flow of the Rio Grande but advised that the <br />matter be treated as one of policy and settled by treaty. The Root-Casasus <br />Treaty, 1906 provided Mexico with 60,000 acre-feet of water. See Malloy, <br />Treaties, vol. 1, p. 1202. <br /> <br />13. Typed manuscript entitled "Excerpt from 'The Struggle for the Nile,''' by <br />H. T Cory, copied in Denver, September 1922, 42 pp., Carpenter Papers, <br />NCWCD, box 1, folder 4,25-29. Cory noted that both Egypt and the Sudan <br />needed to view the Nile River as one entity and that "the use, conservation and <br />development of water must be viewed as a public trust and administered in the <br />interests of the beneficiaries of the trust and with due regard to the rights of <br />generations unborn." <br /> <br />14. Delph E. Carpenter, "Brief of Law ofInterstate Compacts," submitted to <br />the House of Representatives Judiciary Committee, 67th cong., 1st sess., at <br />Hearing, June 4, 1921, in re H R. 6821. Also published in Interstate <br />Comoacts Compilation of Articles from Various Sources. 4 vols (Denver: <br />Colorado Water Conservation Board, 194!> 3; "Application of The Reserve <br />Treaty Powers of the States to Interstate Water Controversies," II, 111. <br /> <br />15. As used legally, the term servitude when applied to water means the <br />imposition of a compulsory obligation on another entity to the extent that <br />entity's freedom to appropriate water has been compromised by the one <br />imposing the servitude. It is compared to vassalage, bondage, slavery and <br />feudal homage. See Webster's New International Dictionarv, 2289. <br /> <br />16. For a discussion of equitable apportionment, see Daniel Tyler, "Delph E. <br />Carpenter and the Doctrine of Equitable Apportionment," Western Legal <br />History, v. 9, no. 1 (Winter-Spring 1996), pp. '( <br />