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<br />l~ <br /> <br />114 <br /> <br />Vffi. OARPENTER: Yes. They, of course, would build these reser- <br /> <br /> <br />voirs below subject to our right of future development above. <br /> <br /> <br />MR. HOOVER: Aren't you asking them that they will never raise <br /> <br /> <br />that right? In other words you are asking that right of priority <br /> <br /> <br />of utilization should never be brought into action? <br /> <br /> <br />MR. CARPENTER: Litigation betwoen States may be easily pro- <br /> <br /> <br />voked by a continuation of construction of these gigantic works, <br /> <br /> <br />especially upon the lower river, with the resultant confusion of <br /> <br /> <br />titles. The damage to all parties resulting from litigation, <br /> <br /> <br />extending as it would over a long period of years, would be very <br /> <br /> <br />'detrimental to all the States. Again, if the reservoirs were <br /> <br /> <br />constructed upon the ~ower river, we would be confronted with <br /> <br /> <br />thie proposition, that while the'Supreme Court of the United <br /> <br /> <br />States denied the right to a lower State to claim preferred use <br /> <br /> <br />by prior appropriation, nevertheless since that time the Federal <br /> <br /> <br />Reclamation Service has assumed, notably on tIle North Platte River, <br /> <br /> <br />to exercise almost absolute dominion over the entire territory <br /> <br /> <br />upon that streanl above Pathfinder reservoir, and to effectually <br />prevent further development above that structure in Colorado a~d <br />,lyoming, to as great a degree as though she had obtained a court <br />injunction. ,fuile that illustration is but one that might be cited, <br />the thought was that the Colorado River is still young and in the <br />process of early development, and conflicts should be prevented. <br />W. <br /> <br />~ <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br />