WSP04958

• File Number: 8200.300.40
• Description: Colorado River Compact
• Basin: Colorado Mainstem
• Date: 8/1/1997
• Author: Daniel Tyler
• Title: Delpheus Emory Carpenter and the Colorado River Compact of 1922
• Water Supply Pro - Doc Type: Publication

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19

delivered to the Colorado River by the Upper Basin entered the stream above
Lee's Ferry. The Canyon served as a natural separation point between the
Upper and Lower basins. Carpenter's plan w~s to divide the river between the
two basins, rather than among the seven states, apportioning half of the flow
to each basin, thus eliminating fights between the states over the amount of
water needed in the future for irrigated agriculture.
Moved by "considerations of interstate comity,"40 he had already
generated a similar plan in negotiations with Nebraska over the South Platte
River. On that stream he had seen that irrigated agriculture upstream was
actually increasing the consistency of flow downstream where the South Platte
River crossed the Colorado border. Consequently, he separated the river into
two segments, divided at the west boundary of Washington County in
Colorado. Nebraska would have the right to divert water out of the lower
section of the river for the Perkins Canal, heading in Colorado, while
Colorado would be able to store water in the upper section for downstream
delivery between April and October. The agreement eliminated concern that
junior rights on the Cache la Poudre River would be called out by Nebraska at
some future date. Furthermore, it ended the threat of litigation and encouraged
new development to proceed with the assurance of title to water in both states.
In Carpenter's words, it was also significant as ". . . probably the first effort to
use the treaty power of the states in the settlement of interstate controversies
respecting the waters of western streams.,,4 J
With his efforts on the South Platte nearing success, Carpenter began
working with R. I. Meeker's Colorado River hydrology data to devise a
similar plan acceptable to the seven states. During the public hearings, A. P.
Davis, Director of the Reclamation Service, had already suggested dividing
the Colorado River into two segments. He favored the San Juan River as the

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