Laserfiche WebLink
<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />9 <br /> <br />a consideration of all the facts and not just past or present uses by citizens <br />"whose rights at most are merely usufructuary and temporary and must always <br />yield to the superior and sovereign power of the [s]tates to adapt the uses or <br />consumption of the waters to future conditions and necessities." In <br />Carpenter's scheme of things, an interstate compact commission would be in a <br />"better position to arrive at an 'equitable apportionment of the benefits <br />between. . . states from the flow of the river' than would 'any court however <br />consti tuted. ", <br /> <br />lD.gre.dien1:s .of an Effective Compact <br />Carpenter was not the originator of interstate compacts. Since the <br />eighteenth century, states had been settling various grievances in this manner. <br />He was, however, the first to fully develop the concept of compacts on <br />interstate river systems and when he was publicly credited with this <br />contribution to constitutional law he felt appreciated. IS Writing Herbert <br />Hoover in 1934, he stated that he had advanced his compact views to <br />representatives of the League of the Southwest in a 1920 Denver meeting as a <br />way "to protect and preserve the autonomy of the [s ]tates and to open the way <br />to orderly construction of the [Colorado River] project. . . ."16 Legal advisor <br />for Colorado Governor Oliver H. Shoup on the League's Resolutions <br />Committee, whose full support for Carpenter was shared by New Mexico's <br />State Engineer L. A. Gilette, he introduced his compact plan as a solution to <br />the impasse at which the League had arrived in its discussions on the need for <br />flood control on the lower Colorado River. His ideas were accepted, included <br />in the report of the Committee to the full body of the League and were <br />approved without debate. Even the newspapers covering the Denver meeting <br />failed to note the significance of Carpenter's pioneering suggestion. <br />