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<br />. <br /> <br />13 <br /> <br />Mr. Carpenter has been preparing a compact proposition. Will <br />you let us have your proposal? <br /> <br />. <br /> <br />Mr. Carpenter: <br />(starts out with maximum force of headwaters position, tone of rhetorician, <br />then alters to diplomatic statesmanlike tone as negotiations go along) <br />Certainly, Mr. Chairman. We propose that the construction of <br />any and all reservoirs or other works in the lower river shall in no <br />manner arrest or interfere with the subsequent development of the <br />territory of any of the upper states or their use of water. Further, <br />these lower river structures shall not have and cannot assert or claim <br />any prior or preferred right or title to the use of these waters to the <br />detriment of the upper states. <br />From the outset, we have been presented with the physical fact <br />that 60% to 70% of the waters that pass by Yuma, Arizona originate in <br />the mountains of Colorado. Can we, in fact, use all this water in our <br />own territory? No, we cannot. The major part will always flow out to <br />other states. However, the upper states do have the inherent right to <br />use the water rising and flowing within their territory, as necessary, <br />for their self-preservation and development, at least to the extent that <br />they do not injure their neighbors below. <br /> <br />Secretary Hoover: <br />(taken aback by Carpenter's headwaters at all costs proposition in the face <br />of what-he-thought to be the Coloradan's statesmanlike capability) <br />Does not your proposal imply that an equitable division of water <br />is for you to perpetually take all the water you want? If we are to get <br />equitable division there are perhaps two bases upon which it could be <br />approached. First, on how much land is to be irrigated. Second, on <br />the percentages of water to be allocated. <br /> <br />Mr. Carpenter: <br />(somewhat arrogant and pompous lecture to Chair) <br />As the Commission is well aware, acreage limitations <br />necessarily bring in issues related to the origin of the water. Origin is <br />a concept that runs throughout international law, specifying that the <br /> <br />. <br /> <br />13 <br />