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<br />~. <br /> <br />Colorado River Compact Symposium <br />James S. Lochhead <br />Page 15 <br /> <br />must now go to the States and must make appropriations <br />under State laws and be entirely subservient to the <br />direction of ~he States. . . It is my opinion, that it <br />would be unwise for Congress to ratify the Compact <br />without a provision to the general effect that the <br />ratification is not intended to deprive29the United <br />States Government of any right it now has. <br /> <br />However, the efforts of Carpenter and other upper Basin <br />representatives were successful. When the Boulder Canyon <br />Project Act was finally passed in 1928, it approved the <br />Compact if any five states plus California would ratify it. <br />It contained no general federal reservation of rights. It <br />Subjected the rights of the United States in or to waters of <br />the Colorado River to the provisions of the Compact. It <br />gave the states an official advisory role, wi~h full access <br />to records, in the activities of the Secretary of the <br />Interior under the Act. Finally, it specifically disclaimed <br />any interference with the rights of the states to adopt laws <br />and policies concerning the appropriation, control and use <br />of waters within their borders, subject only to the Colorado <br />River Compact or other compacts. <br /> <br />Avoiding Litigation <br /> <br />At the opening meeting of the Commission, Herbert <br />addressed avoidance of litigation as one of the <br />purposes of the Compact: <br /> <br />Hoover <br />primary <br /> <br />It is hoped that such an agreement may be arrived at by <br />this Commission as will prevent endless litigation <br />which will inevitably arise in the conflict of state <br />rights, with the delays and costs that will be imposed <br />upon our citizens through such conflicts. The success <br />of its efforts wilm contribute to the welfare of <br />millions of people. <br /> <br />For his part, Carpenter responded to Hoover: <br /> <br />AS you well observed in your opening address the prime <br />object of the creation of this Commission was to avoid <br />future litigation among the states interested in the <br />Colorado River and the utilization of the benefits to <br /> <br />29 <br /> <br />Hearing on H.R. 2903, Part V, p.898, March 25, 1924, <br />~otetl in Olson at p.167. <br />1 meeting of the compact Commission, Washington D.C., <br />January 26, 1922. <br />