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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 />aJQ222 <br /> <br />-41- <br /> <br />'. <br /> <br />"Turning to the enumeration of thl powers granted to <br />Congress by the eighth section of the first artio1e of t he <br />Constitution. it is enough to say that no one of them by any <br />implication refers to the reclamation of arid land, * * * <br />No independent and unmenticned power pacses to the ~Iational <br />Government or oan rightfully be exercised by the Congress. <br />* * * But it is useless to pursue the inquiry further in <br />this direction. It is enough for the purpose of this oase <br />that eaoh State has full juri.sdiotion over the lands within <br />its borders. including the beds of streams and ather waters. <br />(Citing cases), * . * It may determine for itself whether <br />the cammon law rule in respeot to riparian rights or that <br />doctrine whioh obtains in the arid regions of the Viest of the <br />appropriation of waters for the purposes of irrigation shall <br />oontrol. Congress oan not enforoe either rule upon any <br />State. * * * One cordinal rule. underlying all the relations <br />of the States to eaoh othor. is that of the equality of <br />right. Eaoh State stands on the same level with all the <br />rest. It oan impose its own legislation on no one of the <br />others. and is bound to yield its own views to none." <br />(Kansas v. Colorado. 2c6 U.S. 46. f'r7-97). <br /> <br />. <br /> <br />In conoluding the above deCision. the SUpreIOO Court dismissed the <br />oese without prejudioe to the right of Kansas to institute new pro- <br />ceedings. "whenever it shall appear that through a material inorease <br />in the depletion of the waters of the Arkansas by Colorado * * * the <br />substantial interests of Kansas are being injured to the extent of des- <br />troying the equitable apportionment of the benefits between the two <br />States resulting fran thl flow of the river." (206 U.S. 46. 117). <br /> <br />. <br /> <br />The United States has large interests in the form of publio lands <br />within the Colorado River area. and has already oonstruoted large irri- <br />gation works near Yuma. Arizona and is engaged in irrigation of Inrge <br />areas along the lower portion of the stream and in the vioinity of the <br />Salton Sea. The seven Colorado River States have already enaoted legis. <br />lation authorizing commissioners for each of the States. to meet with <br />a representative of the Uni ted States, for the purpose of formulating <br />and entering into a oompact or agreement respeoting the future utiliza- <br />tion and disposition of the waters of the Colorado River and its tribu- <br />taries, Any such compact will be of no binding foroe or effeot until <br />rntified by the legislatures of eaoh of the States and by the Congress <br />of the United Stutes. The seven State sovereignties have legislated. <br />The governor of eaoh has appointed a oommissioner pursuant to the <br />legislation, The governors have oollectively waited upon the President <br />and presented their written request for national legislation authoriz. <br />ing the appointment by the President of a representative for the <br />United States. <br /> <br />~ <br />
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