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<br />OD[J870 <br /> <br />Census Bureau at '$87,000,000, equivalent to about <br />. $27 per acre irrigated, and about $35 per acre of field <br />crops harvested from irrigated lands, Most of this <br />investment was from private capital. In fact all of <br />it was except for the Grand Valley and Uncompahgre <br />projects in western Colorado constructed about 1909 <br />by the Reclamation Bureau, From 1909 to about <br />1936 little progress was made-no federal and but <br />few private irrigation enterprises being constructed <br />during that period, In recent years, several small res- <br />ervoirs have been constructed in western Colorado, <br />a few others have been authorized, and several dozen <br />are under investigation out of the 100 or more needed <br />in that territory, In the Rio Grande valley, the San <br />Luis valley project, to cost about $17,000,000 has <br />been authorized for irrigation and flood control pur- <br />poses, In the Arkansas vaIley the John Martin (Cad- <br />doa) reservoir is under construction for flood con- <br />trol and irrigation purposes, at a cost of $14,500,000. <br />In the South Platte basin, the Colorado-Big Thomp- <br />son project is under construction, at a cost approxi- <br />mating $25,000,000 for irrigation and perhaps <br />$40,000,000 for power, Thus in the past seven years <br />the water projects constructed, under construction, <br />and authorized in Colorado, will involve about $40,- <br />000,000 for repayable irrigation features, and ap- <br />proximately $74,000,000 for non-repayable power and <br />flood control improvements, <br />The future of this promotional work is uncertain, <br />It depends, among other factors, principally upon: <br />(1) the national policy with respect to a public works <br />program after the war; (2) the national policy with <br />respect to tariffs against imported agricultural prod- <br />ucts; and (3) what is accomplished in Colorado in <br />the field of industrial development of markets for <br />the hydro-electric power generated in connection <br />with trans-mountain diversion projects, <br />In conclusion, may I mention briefly another and <br />important factor involved in Colorado's water devel- <br />opment program, which has to do with the claims, <br />interests and rights of others in the waters of natural <br />streams in Colorado. Regardless of the physical <br />amount of Colorado's water resources, the rights of <br />the State are not unlimited, but are relative to the <br />rights of other civilizations that are dependent on <br />utilization of the same waters, <br />Colorado's constitution, adopted in 1876, dedicates <br />the waters of natural streams to the use and benefit <br />of citizens of the State, For 25 years our constitution <br />was unchallenged, But in 1901 Kansas filed a suit, <br />challenging Colorado's doctrine of appropriation as <br />being contrary to national water laws, While the <br />Court in 1907 upheld Colorado's right to adopt and <br />operate under its priority appropriation doctrine, it <br />also held that other States had or might acquire <br />rights in the streams arising in Colorado. Then fol- <br />lowed other suits on the Arkansas, Republican, Lara- <br />mie and other rivers, wherein rival claimants sought <br />to define their rights in and to the water resources <br />in Colorado. <br />Such relative rights may be defined eith~ <br />court decree or by mutual accommodation and agree- <br />ment under the Compact Clause of the federal con- <br />stitut:on, Colorado pioneered in the field of interstate <br />compacts. Through the efforts of the Hon, Delph <br />Carpenter, compacts were negotiated on the Colorado <br />river between the lower and upper basin States; on <br />the South Platte river, between Colorado and Nebras- <br />ka' on the La Plata river, with New Mexico, with <br />wh'om a tentative or five-year agreement was also <br />reached on the Rio Grande, Since our Board was <br />created in 1937, a final compact on the Rio Grande <br /> <br />has been concluded with 'New Mexico and Texas; a <br />compact has been negotiated on the Republican river <br />with Nebraska and Kansas; and negotiations are <br />under way for compacts on CostiIla Creek with New <br />Mexico, and on Little Snake river with Wyoming, <br />Before the United States Supreme Court, the lit,. <br />gation which developed over the LaPlata compact <br />has been concluded; the litigation filed by Wyoming <br />on the Laramie river, charging departures from the <br />previous decree, has been decided; the suit filed by <br />Colorado against Kansas, to enjoin pending litiga- <br />tion concerning the Arkansas river, was recently de- <br />cided in Colorado's favor; and the suit filed by <br />Nebraska against Wyoming, concerning the North <br />Platte river, in which Colorado was made an im- <br />pleaded defendant, and in which the United States <br />appears as an inten-ener, is completed so far as tes- <br />timony is concerned and is in the hands of the Spe- <br />cial Master, <br />This protective program takes much time, but is <br />necessary in behalf of the State and the future of its <br />citizens. Projects may be constructed, but if its <br />water supplies are over-estimated or curtailed by <br />legal barriers, its construction costs may be con- <br />verted from a benefit to a burden, Conceivably its <br />entire investment may be destroyed, if the title or <br />the right to use water be nullified by court decree <br />or ill-conceived agreements with rival claimants, <br />Commonly the rival claimants are neighboring <br />States into which the waters from Colorado flow, <br />Recently another nation has become involved, After <br />se',eral years of negotiations, that could not be pub- <br />licly discussed, our State Department has .concluded <br />a treaty with the United Mexican States, concern- <br />ing the Colora~o and Rio Grande rivers, which has <br />been submitted by the President to the Senate for <br />approval. <br />Again, the rival claimants may be agencies and <br />departments of the United States, Proposed river <br />basin authority bills have demanded and received <br />oppositicn from Colorac!o and other reclamation <br />states, Now we are confronted with Congressional <br />legislation, apparently sponsored by the War Depart- <br />ment, which if adopted would place navigation in- <br />terests superior to irrigation, and thus might con- <br />ceivably affect adversely the irrigation developments <br />now acccmplished and contemplated in the South <br />Platte and Arkansas river basins in Colorado, <br />And finally, in this connection, the United States, <br />through its Interior Department, and seemingly ill <br />behalf of its Reclamation Bureau, is contending, in <br />the North Platte river case, in effect, that the un- <br />appropriated waters of natural streams in Colorado <br />belong, not to the State and its citizens, but to the <br />United StateG; and, as a second caUse of action, that <br />the United States as an appropriator under State <br />laws has rights which, however, are not subject to <br />the authority of State administrative officials, <br />In conclusion, and as a personal opinion, may I <br />state, in regard to the trans-mountain diversion <br />projects, to be described by speakers following, that <br />there is need for the contemplated water supplies <br />now; that the water can be employed with benefit, <br />and payments therefor can begin, as soon as con- <br />struction can be completed and deliveries can begin; <br />that the Colorado river, though large, has water <br />supplies that are not inexhaustible; that if con- <br />struction is delayed until markets develop for the <br />power, the project may then be defeated by the <br />absence of an available supply of water, In brief, <br />such projects must be undertaken and accomplished <br />by this generation, or perhaps not at all. <br />