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<br />21-7 <br /> <br />LA W OF THE COLORADO RIVER <br /> <br />~ 21.02[2] <br /> <br />(d) The states of the Upper Division will not cause the <br />flow of the river at Lee Ferry to be depleted below an ag- <br />gregate of 75,000,000 acre feet for any period of ten consec- <br />utive years reckoned in continuing progressive series be- <br />ginning with the first day of October next succeeding the <br />ratification of this compact. <br /> <br />Although soon after the Compact was signed Wyoming's <br />Compact Commissioner (and subsequently Governor) Frank <br />Emerson congratulated himself and his colleagues upon <br />achieving a "concise. . . final form that would not be misin- <br />terpreted," 14 the Compact has generated many conflicts. <br />Perhaps the most intractable current issue concerns the re- <br />lationship between Paragraphs (a) and (d) of Article III. It is <br />frequently presumed that Paragraph (d) allows the Lower <br />Basin to exercise "the first callan the water up to a total of <br />7,500,000 acre-feet each 10 years," 15 as Herbert Hoover ex- <br />pressed the theory to Arizona's Congressman Hayden in <br />1923. In periods of short supply, though, such a demand <br />would deny the Upper Basin the 7,500,000 acre-feet appor- <br />tioned to it "in perpetuity," apparently contrary to the <br />meaning of Paragraph (a). ' <br /> <br />[2] The Boulder Canyon Project Act <br /> <br />Following three unsuccessful efforts in various sessions of <br />Congress, the fourth heavily amended version of the "Swing- <br />Johnson" bill16 was passed as the Boulder Canyon Project <br />Act of 1928.17 The statute authorized the construction of the <br />Hoover Dam (which was actually built in Black, not Boulder, <br />Canyon) and of the all-American Canal between Laguna <br />Dam (now Imperial Dam) on the Lower River and the Impe- <br />rial and Coachella Valleys. The Act required the Secretary <br /> <br />14 H.R. Doc. No, 717, 80th Cong., 2d Sess. A125 (1948). <br />1564 ' <br />Cong. Rec. 2710 (1923). <br />16 Named after Congressman Phil Swing and Senator Hiram Johnson of Califor- <br />nia. The first Swing.Johnson bill was introduced on April 25, 1922 and the second <br />on December 10, 1923. Neither were reported out of committee, The third Swing- <br />Johnson bill was introduced on February 27, 1926. It was killed by a filibuster led <br />by Arizona Senator Henry Ashurst on February 22 and 23, 1927. For a history of <br />these bills see H.R. Doc. No. 717, supra note 14, 38-43 (1948). <br />1743 V.S.C. ~ 617 (1982). <br />