<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 />
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