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<br />At t4e outset, it is <br />.. ' <br /> <br />, <br />i <br />i <br />i <br />the physica~ fact that from 6rJ/o to 7rJ/o <br />I <br /> <br />10$ <br /> <br />10$ <br /> <br />of the waters ,that pass Yuma, Arizona,! originate in the mountains <br />, .' ,; '., ! <br /> <br />of the State of Colo~dd~. If it were 'true that the state of <br /> <br />Colorado were an ~ndependent nation, the state would have the <br /> <br />inherent right of absolute dominion over that entire water supply, <br />, , <br />" . ! <br />except as voluntarily limited by agreEiment or treaty with other <br /> <br />nations. Probably no better definitiqn of the right of a nation <br />i <br />to the exclusive .enjoyment of the waters ~dthin its borders, not- <br /> <br />VIi t4"1tandingprior. appropriations in =\-ower nations, may be found <br /> <br />thanln JUdson Harmon's opinion in IITltenty-:one Opinions of the <br />I . . . I. <br />Attorney-General- 274, 2$0_3." In o~her words, under the inter- <br /> <br />. <br /> <br />.. <br /> <br />, <br />nationa.ltheory, if it were possible ~or Colorado to make bene- <br />ficial uSe of the waters of that rivet which rise within her <br />. >' ! <br />1 I . <br />territory and to wholly consume the sfIDe, if need be, it could <br />legally deprive the 101'1er river of thtt "rate~ with impugnity,ejC~ <br />cept only as to ~uch part thereof as it might voluntarily yield. <br />I <br />, <br />But fortunately, nature has here decr+ed that no such condition <br />I <br />I <br />In various cases decided by the fupreme Court of the United <br />States it has been laid dOl~ as a gentral rule that while techni- <br />cally the State, (as with a nation), ,fight assert its full right <br />of,.,the necess;itry use of an interstate! stream within its borders to <br />" ,I i <br /> <br />the damage of, the lower state, nevert~eless there might co~e a <br />'] . <br />time when the use of all the water byjthe Upper State might amount <br />I "., ".: '. <br />to an unreasonable exercise of its sovereignty and thereby become <br />, .. ! become <br />a trespass upon the lovler State, and ~herebyl subject to re- <br />I <br /> <br />. <br /> <br />II <br /> <br />may ever arise.,. <br /> <br />. <br /> <br />. <br /> <br />straint by the Supreme Court. <br /> <br />w. <br />