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Last modified
1/26/2010 12:28:43 PM
Creation date
10/11/2006 10:05:04 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8200.300.40
Description
Colorado River Compact
Basin
Colorado Mainstem
Date
10/3/1996
Author
Daniel Tyler
Title
Draft Report - Delph E. Carpenter, Father of Interstate Water Compacts: The Birthing of an Innovative Concept
Water Supply Pro - Doc Type
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<br />6 <br /> <br />interstate compact plan by 1909,28 he kept the details to himself, publicly <br />espousing the principle of prior appropriation on two noteworthy occasions. <br />The first was a bill he sponsored that protected reservoir owners from having <br />their water taken by ditch companies with junior appropriation dates.29 The <br />second was a lengthy report he wrote on the status of Colorado's intra- and <br />interstate water.30 It was this report, in which Carpenter pleaded for adequate <br />funds to fight against federal encroachments and law suits by other states, that <br />he gained state-wide recognition as an expert on Colorado's interstate stream <br />system. In 1911 when Wyoming sued over Colorado's plans to take Laramie <br />River water into the Cache la Poudre watershed, Carpenter was rewarded; <br />first, by being selected lead defense attorney in that case and two years later as <br />the state's representative on all interstate stream negotiations.31 <br /> <br />Carpenter now faced a dilemma: having publicly defended the principle <br />of prior appropriation, he was now challenged by an adversary arguing that . <br />Wyoming had prior rights on the Laramie River. Furthermore, as attorney for <br />the Greeley Poudre Irrigation District which hoped to add 125,000 acres of <br />new farm land with water from the Laramie River, he had a fiduciary <br />responsibility to the District because of the millions of dollars of bonds being <br />sold nationally and internationally to complete construction of that project <br />How to reconcile prior appropriation and equitable apportionment became his <br />chief concern as he prepared to argue the Wyoming case in the United States <br />Supreme Court. <br /> <br />For three years he worked to prove that Colorado actually had an earlier <br />decree than Wyoming on the Laramie River. He recognized that the Supreme <br />Court would decide the case on the basis of priorities, because both states <br />subscribed to the prior appropriation doctrine. Philosophically, however, he <br />believed that priority across state lines would ultimately weaken state <br />autonomy.32 Regardless, he persisted, working long hours to prepare a brief <br />that he personally presented before the Court in December 1916. While <br />pleased with the favorable comments he received,33 Carpenter left Washington <br />physically and emotionally exhausted. He began taking hot baths for what he <br />called a "neuritis" condition and when he learned in March 1917 that the <br />Court had redocketed the case in order to allow the United States to make its <br />
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