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WSP07699
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Last modified
1/26/2010 2:28:30 PM
Creation date
10/12/2006 2:32:16 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8200.300.40.A
Description
Colorado River Compact
Basin
Colorado Mainstem
Date
6/1/1921
Author
Delph E. Carpenter
Title
Report and Supplemental Report of Delph E. Carpenter, Commissioner for Colorado on the Colorado River Commission in RE: Colorado River Compact
Water Supply Pro - Doc Type
Publication
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<br /> <br />See also discussion of the same subject in Stearns v, Min- <br />nesota (179 U, is" 223); Virginia v, Tennessee (148 U, S" 503, <br />5171528) ; Wharton v, Wise (153 U. 'S" 155), <br /> <br />In other words; the States of the Union, by consent of Con- <br />gress, have the same power to enter into compacts with each <br />other as do independent nations, upon all matters not delegated <br />to the FederallGovernment, <br /> <br />INTTIlUNATIONAL R.rvERs. <br /> <br />Controversies respecting international rivers have been set- <br />tled by tl'eaty" CHeffter Droit Ind" Appendix VIII; Hall, Tn- <br />ternational Law, see, 39.) <br /> <br />While the right of the United States to the use and benefit <br />of the entire flow of the Rio Grande River irrespective of any <br />former uses made in Mexico was upheld by the opinion of the <br />Attorney General in 1895 (21 Ops, Atty, Gen" 274, 282), the <br />rights of the t\vo nations were settled by a "conveution provid- <br />ing for the equitable distribution of the waters of the Rio Grande. <br />for irrigation purposes" made May 21, 1906. (Malloy, 'rr~aties, <br />VoL I, p, 1202',:) <br /> <br />That the United States has a perfect right to divert the <br />waters of the ,Colorado River at any point above the interna- <br />tional boundary with Mexico irrespective of the effect of such di- <br />version upon the flow of the river in Mexico or along that part <br />of its course which forms the boundary between the two nations <br />was held by the Attorney General September 28, 1903, mept, <br />to Atty. Gen, :of U, S., Colorado River iu California, p, 58; <br />Opinion of Atty, Gen" Aug; 20, 1919.) <br /> <br />The above 1 opinion is in harmony with the decision in the <br />Rio Grande case, wherein it was held (quoting from syllabus) : <br /> <br />"The fact that there is not enough water in the Rio Grande <br />for the use of the inhabitants of both countI'ies for irrigation <br />purposes does -not give Mexico the right to subject the United <br />States to the bnrden of arresting its development and of de- <br />nying to its inhabitants the use of a provision which natnre has <br />snpplied entirely within its tcrritory, '1'he recognition of such a <br />right is entirely inconsistent with the sovereignty of the United <br />States over its national domain, <br />I <br />"The rule~, principles, and precedents of international law <br />imposed no duty or obligation upon the United States of deny- <br />ing to its inhabitants the use of the water of that J,\art of the Rio <br />Grande lying entirely within the United States' although such <br />use results in reducing the volume of water in the river below <br />the point where it ceases to be eniirely within the United States," <br />(21 Ops, Atty, Gen" 274,) <br /> <br />[ 22 ] <br />
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