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(e) The States of the upper division shall not withhold water, and the States of the lower division shall not require the delivery of water, which can not reasonably be applied to domestic and agricultural uses.
(f) Further equitable apportionment of the beneficial uses of the waters of the Colorado River system unapportioned by paragraphs (a), (b) and (c) may be made in the manner provided in paragraph (9) at any time after October 1, 1963, if and when either basin shall have reached its total beneficial consumptive use as set out in paragraphs (a) and (b).
(9) In the event of a desire for a further apportionment as provided in paragraph (f) any two signatory States, acting through their governors, may give joint notice of such desire to the governors of the other signatory States and to the President of the United States of America, and it shall be the duty of the governors of the signatory States and of the President of the United States of America forthwith to appoint representatives, whose duty it shall be to divide and apportion equitably between the upper basin and the lower basin the beneficial use of the unapportioned water of the Colorado River system as mentioned in paragraph (f) subject to the legislative ratification of the signatory States and the Congress of the United States of America.
(a) Inasmuch as the Colorado River has ceased to be navigable for commerce and the reservation of its waters for navigation would seriously limit the development of its bäsin, the use of its waters for purposes of navigation shall be subservient to the uses of such waters for domestic, agricultural and power purposes. If 'the Congress shall not consent to this paragraph, the other provisions of this compact shall nevertheless remain binding.
(0) Subject to the provisions of this compact, water of the Colorado River system may be impounded and used for the generation of electrical power, but such impounding and use shall be subservient to the use and consumption of such water for agricultural and domestic purposes and shall not interfere with prevent use for such dominant purposes.
(c) The provisions of this article shall not apply to or interfere with the regulation and control by any State within its boundaries of the appropriation, use, and distribution of water.
The chief official of each signatory State charged with the administration of water rights, together with the Director of the United States Reclamation Service and the Director of the United States Geological Survey shall cooperate, ex officio:
(a) To promote the systematic determination and coordination of the facts as to flow, appropriation, consumption, and use of water in the Colorado River Basin, and the interchange of available information in such manners.
(0) To secure the ascertainment and publication of the annual flow of the Colorado River at Lee Ferry.
(c) To perform such other duties as may be assigned by mutual consent of the signatories from time to time.
Should any claim or controversy arise between any two or more of the signatory States : (a) With respect to the waters of the Colorado River system not covered by the terms of this compact; (b) over the meaning or performance of any of the terms of this compact; (c) as to the allocation of the burdens incident to the performance of any article of this compact or the delivery of waters as herein provided ; (d) as to the construction or operation of works within the Colorado River Basin to be situated in two or more States, or to be constructed in one State for the benefit of another State; or (e) as to the diversion of water in one State for the benefit of another State; the governors of the States affected, upon the request of one of them, shall forth with appoint commissioners with power to consider and adjust such claim or controversy, subject to ratification by the legislatures of the States so affected.
Nothing herein contained shall prevent the adjustment of any such claim or controversy by any present method or by direct future legislative actions of the interested States.
Nothing in this compact shall be construed as affecting the obligations of the United States of America to Indian tribes.
Present perfected rights to the beneficial use of waters of the Colorado River system are unimpaired by this compact. Whenever storage capacity of 5,000,000 acre-feet shall have been provided on the main Colorado River within or for the benefit of the lower basin, then claims of such rights, if any, by appropirators or users of water in the lower basin against appropriators or users of water in the upper basin shall attach to and be satisfied from water that may be stored not in conflict with Article III.
All other rights to beneficial use of waters of the Colorado River system shall be satisfied solely from the water apportioned to that basin in which they are situate.
Nothing in this compact shall be construed to limit or prevent any State from instituting or maintaining any action or proceedings, legal or equitable, for the protection of any right under this compact or the enforcement of any of its provisions.
This compact may be terminated at any time by the unanimous agreement of the signatory States. In the event of such termination, all rights established under it shall continue unimpaired.
This compact shall become binding and obligatory when it shall have been approved by the legislature of each of the signatory States and by the Congress of the United States.
Notice of approval by the legislatures shall be given by the governor of each signatory State to the governors of the other signatory States and to the President of the United States, and the President of the United States is requested to give notice to the governors of the signatory States of approval by the Congress of the United States.
In witness whereof, the commissioners have signed this compact in a single original, which shall be deposited in the archives of the Department of State of the United States of America, and of which a duly certified copy shall be forwarded to the governor of each of the signatory States.
Done at the city of Santa Fe, N. Mex., this 24th day of November. A. D. 1922.
W. S. NORVIEL.
FRANK C. EMERSOX.
HERBEET HOOVER. Mr. CARPENTER. That has been submitted, of course, to the legislatures, and went down the line of the various States for ratification, as the committee is informed.
Now, one little slip, while I am speaking for the record, is a compilation by the engineer for Colorado of the quantities of water contributed by each State, the acreage considered at that time as irrigable in each State, and the amount of use that would be made. It is all in one table.
The CHAIRMAN. Is the authorship shown?
Colorado Basin data--Rough analysis by R. I. Meeker
(Amounts given in thousands)
Includes reservoir losses by evaporation Boulder Canyon and Glen Canyon Reservoirs.
Mr. CARPENTER. Now, I might ask your indulgence to observe that the compact was ratified and approved by six other States with unusual promptness. The seventh State neither ratified nor rejected it. The State of Arizona took the matter under advisement. Our commission adjourned while the compact was in that shape. In the interim a large number of filings by power applicants were being pressed for consideration before the Federal Power Commission.
The flood-control situation along the lower river was not being looked after by any active man except the repair of levees. It is considered very desirable, something to be done as early as possible. The compact provides on its face and by its terms that it shall not be effective until approved by all seven States and by Congress. The States of the upper basin, recognizing the immediate necessity of flood relief in the lower, last winter made an offer in the form of legislation to make the compact effective between the six States that had ratified without in any way prejudicing the rights of the seventh that had not yet ratified, leaving that matter entirely open to her own election whether she later might join or remain aloof, in order that the compact might then go on to Congress and the policy of the United States and the six States to be determined or to hasten the flood-control work. The offer was accepted by Nevada promptly, but California attached to the act a condition which suspends its operation.
The CHAIRMAN. That is already in the record, Mr. Carpenter.
Mr. CARPENTER. Very well. And it remains in that shape and will remain in that shape, of course, until the condition is fulfilled or the statute amended.
The CHAIRMAN. Yes.
Mr. CARPENTER. I might at this time call the committee's attention to the recent ruling of the Federal Power Commission on the Diamond Creek project and ask to read into the record that ruling.
The CHAIRMAN. That is already in the record, Mr. Carpenter. Mr. CARPENTER. I thought it was merely giving the description.
The CHAIRMAN. The wires that I received, I think, were put in the record at San Diego. Is that different from the recent ruling of the Water Power Commission ?
Senator PHIPPS. This is the one that I read, but I was not aware that that was put in the record. If it has been, then it is unnecessary to put it into the record at this time.
The CHAIRMAN. I indicated a few days ago at a meeting I had received a wire; so had other members of the committee. Leave it with the reporter, and the reporter will check up on the matter.
(The telegram above referred to is in words and figures as follows, to wit:)
WASHINGTON, D. C., October 29, 1925. IION. LAWRENCE C. PHIPPS,
Barbara Worth Hotel, El Centro, Calif.: Following is exact wording of resolution adopted yesterday by Federal Power Commission here:
" That action on all applications for power licenses on Colorado River and its tributaries now pending before this commission and not finally acted upon including the Girard application is hereby suspended for a reasonable time. That constructive Government policy requires that States affected should, and they are hereby earnestly urged to, reach as speedily as possible an agreement among themselves for the division of the waters of the river system, all to the end that thereupon development may proceed unchallenged on interstate grounds." Have notified Colorado dailies and Denver office.
C. BROOKS FRY, Secretary. Mr. CARPENTER. I believe that is all at this time.
The CHAIRMAN. Does any member of the committee desire to propound a question?
Senator ASHURST. Mr. Chairman, I wanted to ask one question. I understood you to say that this originated as a result of the governors.
Mr. CARPENTER. No. You mean this matter to-night!
Senator ASHURST. No; no; that this pact originated as a result of the address to these governors ?
Mr. CARPENTER. No; the Colorado River Commission came into being as a direct appeal; rather, the recognition of an appeal.
Senator ASHURST. Made by whom?
Mr. CARPENTER. Made by the southern States to the northern, begging and pleading for flood relief.
Senator Dill. It was the result of action or sentiment in the States rather than sentiment from Washington, D. C.?
Mr. CARPENTER. Oh, yes; and Washington was not called upon to take any activity until after the States had legislated and the commissioners been appointed.
Senator Dill. Then the act of Congress was presented ?
Mr. CARPENTER. Then the governors made a pilgrimage to Washington, called upon President Harding and upon Members of the Congress, and asked that Federal legislation be enacted authorizing the appointment of Mr. Hoover. Now, that history, however, is sketched in the governors' address that is in the record.
Senator DILL. I just simply wanted to get that clear,
Senator SHORTRIDGE. Reference having been made to the late ruling of the Federal Power Commission, in order that my position in respect to that ruling and the matters to which the ruling applies may be clear, I desire to offer for the record a telegram which I forwarded to that commission as of October 21.
The CHAIRMAN. The telegram will be received and printed in the record.
SAN FRANCISCO, CALIF., October 21, 1925. To the CHAIRMAN FEDERAL POWER COMMISSION,
Washington, D. C.: I earnestly request that the hearing of the application of James B. Girard for permit to develop power on the Colorado River at Diamond Creek be postponed until December, and to such later date as you may order. The Senate Committee on Irrigation and Reclamation meets in Los Angeles on the 25th instant to consider and report on the Colorado River project at the coming session of Congress. It is hoped and believed that a wise solution of this great river problem will be reached by appropriate legislation whereby the legal and equitable rights of persons and States will be protected and the welfare of many thousands of citizens promoted. Manifestly the status of this project should not be disturbed or changed and the solution of this river problem be frustrated or made more difficult by the granting of this or other like application before said committee of the Senate has reported and Congress has had opportunity to consider and act. I am convinced that the public welfare will be conserved and advanced by postponement of hearing of said application as by me and many others requested.
SAMUEL M, SHORTRIDGE, Member of Senate Committee on Irrigation and Reclamation. The CHAIRMAN. The committee is obliged to you, Mr. Carpenter.
Mr. CARPENTER. Just one suggestion, and that is this, that before the committee closes the hearings the four upper States will probably wish to be heard at length at Washington.
The CHAIRMAN. They will be given full and ample opportunity.
Senator JOHNSON. Just before you retire, Mr. Carpenter, were you not in error in stating that Mr. Weymouth was present? He tells me he was not there.
Mr. CARPENTER. I am not clear.
Senator JOHNSON. The reason I asked you is because Mr. Weymouth tells me he was not present.
Mr. CARPENTER. You are speaking of the Santa Fe meeting?
Mr. WEYMOUTH. I was not present at the Santa Fe meeting, but I was present at the others.
Mr. CARPENTER. Very well; I am glad to have the mistake called to my attention.
STATEMENT OF P. J. PRESTON, SUPERINTENDENT OF BUREAU
OF RECLAMATION, YUMA PROJECT
The CHAIRMAN. Mr. Preston, you are superintendent of the Bureau of Reclamation on the Yuma project, and you desire to discuss the question of “ Power and Silt." How long have you been superintendent of the Yuma project?
Mr. Preston. I have been in charge of the Yumá project going on