Laserfiche WebLink
<br />\ <br />\ <br />------.......-1".. <br /> <br />21-5 <br /> <br />LAw OF THE COLORADO RIVER <br /> <br />~ 21.02[1] <br /> <br />his scheme in protecting their proposed new canal. Los An- <br />geles also pressed for a high dam as a source of cheap hydro- <br />electric power and as an aid in its endeavors to tap Colorado <br />River water for municipal use. <br /> <br />With the partial exception of California (which had <br />adopted a hybrid appropriation and riparian system), the ap- <br />propriation doctrine prevailed in all of the Colorado Basin <br />states. The upper states, particularly Colorado, were <br />alarmed by the potential effect of the Lower Basin's rapid <br />agricultural and municipal development upon their water <br />use, fearing they would be preempted by ,prior water rights <br />perfected by California and Arizona. This anxiety was inten- <br />sified by the Supreme Court's decision in Wyoming v. Colo- <br />rado, 10 which applied the doctrine of prior appropriation to <br />apportion between Wyoming and Colorado the right to use <br />the water of the Laramie River. <br /> <br />It was clear that because of their enormous cost, the high <br />dam and all-American canal project could only be under- <br />taken by the federal government. It also became clear that <br />due to opposition from the electrical power industry11 and <br />misgivings in other quarters, congressional approval of the <br />project would depend upon the support, or at least neutral- <br />ity, of the other Basin states. These states, however, were de- <br />termined to resist the project unless they received satisfac- <br />tory assurances of their future use of the water of the River. <br />Each camp was amenable to accommodation. In 1921 Con- <br />gress authorized federal participation in the negotiation of a <br />Compact,12 and each Basin state quickly appointed a com- <br />missioner. They convened in Washington in January 1922, <br />elected the United States representative, then-Secretary of <br /> <br />10259 U.S. 419 (1922). <br />11 As events unfolded, much of the debate in 1928 over S. 728 and H.R. 5773, <br />which the 70th Congress passed as the Boulder Canyon Project Act. focused upon <br />the electrical power industry and its efforts to thwart any substantial. federally- <br />controlled, hydro-electric plant on the Colorado. Congressman Fiorello LaGuardia <br />declared that: "Opposed to this bill there has been the most vicious, disgraceful, <br />venal lobby that ever existed in the history of the world." 69 Cong. Rec. 9775 (1928). <br />Despite its vehement denials, Utah's congressional delegation was' generally <br />thought to have been in league with the electrical power lobby at the time. <br />12 See 42 Stat. 171 (1921). <br />