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<br />" .\ <br />r <br /> <br />.' <br /> <br />Colorado River Compact Symposium <br />James S. Lochhead <br />Page 8 <br /> <br />future development in <br />freedom of development <br />injury to future growth <br /> <br />either State, <br />in the lower <br />in the upper. <br /> <br />thus permitting <br />State without <br /> <br />By the attached compact the objectionable features of <br />leaving the destiny of the States to a wild scramble in <br />a contest of speed for first development are avoided. <br />The future uses within the upper State, according to <br />its growing necessities, are protected without <br />interfering with a similar growth in the lower state. <br />Each State may proceed in an orderly manner in pace <br />with the normal course of3 events, free from any cloud <br />of threatened penalties. <br /> <br />* * * <br /> <br />Further development on the lower river will in no <br />manner affect this apportionment or impair the right of <br />the upper States to consume their apportionment <br />whenever their necessities require. Any immense <br />reservoir hereafter constructed on the lower river <br />cannot be the basis of a preferred claim which will <br />interfere with the future development of the Upper <br />Basin. The development in the Lower Basin will be <br />confined to the apportionment made to that basin, with <br />the permissible increase. Any excess of development <br />cannot infringe upon the reservation perpetually set <br />apart to the upper territory. There can be no rivalry <br />or contest of speed in the development of the two <br />basins. priority of development in the Lower Basin <br />will give no preference of right as against the <br />apportionment to the upper Basin. <br /> <br />* * * <br /> <br />[The compact] protects our development from adverse <br />claims on account of any great reservoir or other <br />construction on the lower river. It removes all <br />excuses for embargoes upon our future development and <br />leaves us free to develop our territory in t~~ manner <br />and at the times our necessities may require. <br /> <br />It should be noted that there was some disagreement in <br />Colorado about whether the wyominq decision would even apply <br /> <br />on the Colorado River. Colorado attorney Ward Bannister <br />believed California and the interstate application of the <br />prior appropriation doctrine was not so much of a threat: <br />13 <br />14 Historical Memorandum. <br />carpenter Report. <br />