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.' .. Colorado River Compact Symposium James S. Lochhead Page 9 Now, it is the contention of the people in our State, and I think of the other upper States as well, that inasmuch as California has exactly the same kind of water law as has Kansas -- in other words, a State whose fundamental water law is riperianism, with such appropriation rights as there are carved out of previously existing riparian rights, that the rule to be applied to [the Colorado River] would be exactly the same as the rule l~id down in Kansas v. Colorado for the Arkansas River. Nevertheless, in the Compact negotiations Carpenter sought to make sure that the rule in the Wyominq case would never be used to deprive Colorado of its right of development, He wanted to make clear that the doctrine of prior appropriation could not be used by the faster growing Lower Basin states to lay claim to water that would be needed in the future in the Upper Basin. At one point, Hoover asked Carpenter, "I take it that you necessarily deny the whole theory of priority of utilization16as between states. " Carpenter replied, --Emphatically." Carpenter'S goal was achieved. Several provisions of the compact limit the Lower Basin's claim on upper Basin water. The first, of course, is the perpetual allocation of consumptive use made in Article III (a). Even as to water flowing from the upper to the Lower Basin, Article III (e) provides that no claim can be made except the extent needed for domestic and agricultural purposes. Article IV (b) makes power generation subservient to consumption for domestic and agricultural purposes. Finally, Article VIII provides that present perfected rights are unimpaired by the Compact, and all other rights are to be satisfied solely from water apportioned to the basin in whiCh they are situated. Eliminatinq The Threat Of Federal Control Over Water Allocation -- Both Intra And Inter State -- and preservinq Instate Prior APpropri,~ion 15 Testimony before congress on the Boulder Canyon Project Act, H.R. 2903, February 20, 1924, quoted in Olson at p. 1Q1,tlin. 207. Also see, Hundley at pp. 179-180, 7 meeting of the Compact Commission, washington D.C., January 30, 1922.