WSP05725

• File Number: 8210.140.20
• Description: Colorado River Basin Organizations and Entities - Colorado River Basin States Forum - California
• State: CA
• Basin: Western Slope
• Date: 1/1/1961
• Author: CO River Board of CA
• Title: Californias Stake in the Colorado River
• Water Supply Pro - Doc Type: Publication

14

CAWFORNIA'S STAKE IN THE COJ.ARADO RIVER

In ordt:!r to m~et these combin",d needs the Boulder Canyon Project
was cOlleeh'ed and promoted by the several Southern California agen-
cies concerned, actin'ly supported by most of the citizens Elnd organ-
izatiuns of Southern California and throughout the State. Numerous
investigations and reports were made by various federal agencies, plli-
ticularly th~ Bureau of Recle.mation. The most important of the~e re-
ports was the Fall-Davis Report of 1922, authorized by the Kincaid
Act of 1920. which for the first time recommended the joint authorit8-
tion of Boulder Dam and the All-American Canal. It was followed by
a comprehensive report by F. E. Weymouth in 1924, in which the
plans for the storage dam lnow Hoo\'er Dam) and the Al1-Am('riean
Canal were crystallized substantially as subsequently carri('d oul.
Howev~r, efforts to secure tbe authorimtion and (',otlStruction of
Boulder Canyon Proj('ct as a federnl undertaking resulted in a long
drawn-out battle extending over a period of eight to ten years.
The Colorado River Compact
When the project wa.'\ fl.rst proposed and the plans of Cn1ifornia to
develop and use Colorndo River water became generally known, it be.
came apparent that unless some prior understanding could be re8chf'd
with respect to the division of the waters of the Colorado River and its
tribulariell among the Eleven states of the ColorAdo River Basin, it would
be difficult if not impossible to l>eCure tbe authorization of the project IlS
a federal undertaking, The negotiation and signing of the Colorado
River Cl)mpact in 1922, therefQre, apportioning the waters of tbe Colo-
rado River System, was an essential initial step in the consummation of
tbe project.
A~ a result of several meetings of represeJltatives of the Colorado
River Basin States, starting as earl)" all 1918 alJd culminating ill a meet-
i.ng held at Denver, Colorado, in August, 1920, it was agreed that a
compact should be entered into between the states based upon the gen-
eral idea of equitable apportionment. III 1921, each of the seven basin
states adopted appropriate legislation authorizing the appointment of
compact commissioners. On August 19, 1921, Congress consented to the
negotiation of such a compaet and provided for the appointment of a
commissioner to represent the United States, to which position Herbert
Hoover, tben Secretary of Commerce, was appointed.
The compact commission wa~ organized in January, 1922. It bt'ld
numeroUII meetings which culminated in tbe fligning of the Colorado
River Compact at Santa Fe, New Mexico, on November 24, 1922.
The Colorado River Compact, sometimE'S referred to as tbe ., Santa
Fe Compact," did nut apportiuD the water bet.....een tbe seven\ states of
the basin as originally contemplated. It did aDd does, however, appor.
tion the water between what are designated therein 118 the Upper and
u>wer BlUiins, the boundary b~tween which runS through a point on the
river known as Lee Ferry, in Arizona near the Utah boundary.
Briefly, tDe compact (Article Ill) apportions from the Colorado
River System (defined l\8 the Colorado River aod its tributaries within

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C4.LIF'ORNIA'8 STAKE IN THE COLORA.DO RIVER

the United States), in perpetuity to each basin fOr beneficial consump-
tive use, 7,500,000 acre-feet of water annually, including all water nec.
essary to supply an.y rights "which may now exist." In addition, the
Lower Ba~ill is gh'en th~ right to increase its beneficial consumptive
use by 1,000,000 al're-feet per allnUnl.
It al!-;o pro>;i.d>e8 that if, at some future time, a treat v i~ executed
betweell the United States and Mexico coverillg Mt!xi~o's rights to
Colorado Rivt'r System water~, snch water~ shall he supplied first from
the snrplus over and above the foregoing spt'cified quantities to the
Vpper and Lower Bnsills; and if RIlCh surplult should prOve insufficient
the burde-n of such deficiem::,y should be borne ellually by the Upper and
Lower Basills..
It further provides thM the states of the Upper Division (defined
as Colorado, Ne..... Mexico, Utah and W.yoming) I, will not cause the flow
of the river at Lee Ferry to be depleted below all aggregate of 75,000,-
(JOO acre-feet for any period of 10 consecutive years, ."
There is a further provision that "The States of tbe Upper Division
I>hall not Vi/ithllo\d wateT', and the States of the Lower Dlv'lsioll sha\\ not
require the delivery of water, which cannot rea!lonably be appliecl to
dompstic alld agricultural llses."
It also provides that further equitablp apportionment may he made
at any time after Olltober 1, 1963.
There are se.'eral other important provisions of the compact. Article
VIII drclares that present perfected rights to beneficial use of water
an' unimpaired by the compact; aud pro\.ide~ that whenever a stornge
capacity of 5,000,000 acre-feet shall have been provided on tbe main
Colorado River for the benefit of the I,ower Basin, then claims of such
rights by appropriators or users in the Lower Basin against appro-
priators or users in the Upper Basin "shall attach to find be satisfied
from wat~r that may be stol'ed not in confl.iet with Article. IlL"
.Articl!:' XI of the compact provides that it "hall become binding and
obligator). when it shall have been approved by tbe legislatures of each
of the signatory states, and by the Congress of the United States.
In 1923 the legislatures of all of the basin states, except Arizona,
ntifie.d the compact 8.5 signed by commissioners of all seven ststes. The
California Legislature in 1925 adopted the so-called "Finney" resolu-
tion, making California'8 ratification effective when 8. storage reservoir
of 20,000,000 acre-feet (instead of 5,000,000 acre.feet 8.f1 provided in
tbe compact) had beell authorized. The State of Arizona continued its
refusal to ratify the compact until 1944 when its legislature purport-
edly gave its approval.
Swing-John'OD Bill
The initial legislation in connection with further development on the
Colorado River was the so-called Kettner Bills which were introduced
in 1919 and 1920 but failed to ("orne to a vote. These sought only to
a A water tre.ty with M..lllco waa r.Une..l November 8, 1 U5. Bee P..... 14.

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