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WSP05764
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Last modified
1/26/2010 2:19:47 PM
Creation date
10/12/2006 1:15:40 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
2100
Description
Laws-Acts-Policy Rulings Affecting CWCB and Colorado Water - Federal
State
CO
Basin
Statewide
Date
6/4/1921
Author
Delph E Carpenter
Title
Statement of Delph E Carpenter - 06-04-21 - Before the Committee on the Judiciary - House of Representatives - RE-HR 6821
Water Supply Pro - Doc Type
Report/Study
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<br />fJOa2J4 <br /> <br />-23- <br /> <br />and should l"llve some representation. <br /> <br />. <br /> <br />l1R. CAHPBNTBR, It also has the project at Yuma, 'mown as the Laguna <br />Froject, where they are ncw diverting water on coth sides of the Colorado <br />River. The Government is substantially the proprietcr in that quarter. <br /> <br />",. <br /> <br />Now since my arrival at Washington, I have hastily prepared some <br />rather infcrmal memorRnda, and, with your permission, Mr. Chairman, I <br />would like to have a portion of these that I will describe as more perti- <br />nent included in the record, in order to aid, if possible, in the fur- <br />ther consideration of this bill. This memorandum is largely confined <br />to the history cf the case, v.s it were, or the history of it foregoing <br />or forerunning the intr oducticn of the bill. It contains references to <br />the decisions by the Supreme Court of the United States and by the <br />Attorney General of the United States respecting legal phases which may <br />be developed during the consideration of this bill. It also includes <br />citations respecting the treaty powers of the States, particularly as <br />applied to boundaries. <br /> <br />It is about the only subject that has been tre.ted outside of some <br />Federal cases relative to the rights of the States in that quarter, <br />There is also a more or less extensive memorandum respecting the advisa- <br />bility of the United States, if need be, entering into compacts with <br />the States on matters HP,ere there is a conflict of jurisdiction between <br />the National Government and the States, and the precedents in that <br />quarter; proceeding, as it does, largely upon the thought that the sover- <br />eignty of the United States begins vlhare the sovereignty of the State <br />ends. or stating it conversely, that the sovereignty of the State begins <br />where the zovereignty of the Nation ends. There are two divided sover- <br />eignties, and this relates to the adjustment of conflicts between two <br />separate Government agencies. If this memorandum will be of any service <br />to the conunittee, I will be glad to have it incorporated in the record, <br /> <br />THE ClIbIRI'lAN. We would be glad to have it. <br /> <br />. <br /> <br />THB C,RP~:T~R, I might state in that connection, that Senator <br />Bursum, of New MexicO, has introduced a bill along much the same lines <br />as the I10ndell bill. That bill proceeds primarily upon the idea of hav- <br />ing a represent.tive of the United States sit as a commissioner and <br />with power to sign, Mr, I1onde1l's bill and Senator Bursum's bill differ <br />substantially in t hat quarter only. <br /> <br />I. <br /> <br />l1R. BOIES. There would probably be some controversy in Congress <br />Over thrt question, <br /> <br />l1R. CPlU'ENTER. Yes, si r. <br />details of attempting to bring <br />Constitution bearing upon this <br /> <br />Those of us who have had to do with the <br />into operation those sections of the <br />subject matter of the Colorado River have <br />
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