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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28

Colorado River within the United States of America to the Republic of
Mexico. . . in fulfillment of any obligation. . . by treaty between the
two nations, shall be equally apportioned between and equally borne by
the Upper Division and the Lower Division of the Colorado River. . . .71
This was the same position he defended in Santa Fe in November. Nothing
was said about surplus water. Half of the Mexican burden would be
contributed by each basin and the Lower Basin would make up its
contribution to Mexico from waters originating in its own geographical area
and from waters passed through Lee's Ferry by the Upper Basin. The
responsibility of making the actual delivery to Mexico, according to the terms
of the treaty, would fall to the Lower Basin.
As discussions advanced in Santa Fe regarding the quantity of water the
Upper Basin could guarantee to the Lower Basin on an annual basis, the
subject of the Mexican burden resurfaced as a possible negotiating point.
Carpenter made it clear that the Upper Basin could not alone accept the
responsibility of satisfYing treaty obligations to Mexico.72 As stated in the
signed Compact, he finally persuaded the Commission to agree that if "as a
matter of international comity" the United States were to recognize Mexico's
right to any Colorado River water, that burden would be satisfied from surplus
waters. Should this source prove insufficient, the burden would then be borne
equally by both basins.73
After the Compact was signed and after Los Angeles had announced its
intention of building an aqueduct from the Colorado River to the city,
Carpenter criticized California's behavior. In ] 926 he argued that the Mexican
burden "naturally [fell] upon the three lower states" and that
one million acre-feet of water pumped over the hill to Los Angeles is a
serious burden upon the river in view of the fact that any international