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Last modified
1/26/2010 2:16:19 PM
Creation date
10/12/2006 12:46:03 AM
Metadata
Fields
Template:
Water Supply Protection
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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<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 />6 <br /> <br />was flowing to the Gulf of Mexico. <br />According to Carpenter, the net effect of this policy was to severely <br />retard development in the San Luis Valley. Colorado, the headwaters state of <br />the Rio Grande, was deprived of its constitutional right to reclaim lands and <br />develop economically. Not only was confidence in the United States <br />government impaired, but the "comity [courtesy] existing between the states <br />[New Mexico and Colorado] in their common cause for the welfare of the <br />[R]epublic" was disturbed by Interior's embargo policy.9 The spirit of <br />cooperation was abrogated by the heavy-handed tactics of the Reclamation <br />Service. <br />Similarly, Carpenter noted, the Department of the Interior's 1908 <br />construction of Pathfinder Reservoir on the North Platte River in Wyoming <br />was effected prior to accomplishing any kind of water use agreement between <br />the two states sharing that river. In his view, the reservoir "created a <br />monopolistic appropriation of the river and [was] in the hands ofa power <br />beyond the jurisdiction of either state. . . ."10 The rights of Colorado were <br />ignored. Funds were expended, structures were built and Colorado faced a <br />servitude (enslavement) on the North Platte against its will, for the benefit of <br />Wyoming and without recourse through its sovereign right of eminent <br />domainY <br />For Carpenter, the lesson was obvious: "[B]efore any great works are <br />constructed with Government funds on certain of our western rivers, for <br />generation of power or the reclamation of arid lands, compacts respecting <br />jurisdiction and use of the waters of the river should first be made between the <br />United States and the [i]nterested [s]tate or [s]tates." While time would be <br />required to formulate compacts, Carpenter believed that settlement of the <br />respective rights of the states prior to the commencement of government <br />
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