imply either a single ownership, and it does not imply Government ownership; but it does imply such an interrelationship, at least, as will insure the operation in one interconnected system of the power developments on the Colorado River. We come now to a brief consideration of what we have called the political rela tions of the problem. Under the provisions of the Federal water power act, appli cants for license must present evidence of having secured from the State rights necessary for the diversion and use of water. It is the general rule of law within the Colorado Basin that he who first puts the waters of a stream to use has a first right in their use. On this doctrine of priority of appropriation, extensive rights to the use of the waters of the Colorado have been acquired on the lower river, for it is that section of the river which is being the most rapidly developed. The fear has consequently arisen in the States in the upper section that, before the time when they can put what they believe is their share of the water to use, rights to such share will have been acquired on the lower river, particularly if power developments utilizing the full flow of the stream should be authorized on the middle or lower river. Because of this fear and in the hope that the matter might be settled without the endless interstate litigation that would otherwise be almost inevitable, a proposal was made that the several States affected enter into a treaty or compact by which they should mutually agree on the apportionment among themselves of the waters of the river. Under the provisions of the Constitution, such a compact or agreement between States requires the assent of Congress. This assent was given by act of Congress of August 19, 1921, which authorized the creation of a commission to be composed of one representative from each of the seven interested States, who, together with a member appointed by the President, should form a compact commission, and should report their conclusions to Congress on or before January 1, 1923. This commission has been appointed with Secretary Hoover as the representative of the United States and chairman, has held several sessions, but has thus far come to no agreement. Under the terms of the act creating the commission, its authority is limited to the determination of an "equitable division and apportionment" of the waters of the river among the States. It has no authority to grant rights itself, and its powers do not conflict with those of the Federal Power Commission or other Federal or State agencies. Since, however, its conclusions might affect or be affected by the approval of applications by the Federal Power Commission, action upon such applications has been suspended awaiting the conclusions of the Colorado River Commission. There are also international relations involved. The Colorado River forms the boundary between the southwestern tip of Arizona and the Mexican State of Lower California. Below the Arizona line it separates Lower California from Sonora. Some 190,000 acres of land in Mexico are now being irrigated from the river, and it is estimated that 630,000 additional acres are irrigable, a total of 820,000 acres or 40 per cent of the irrigable area tributary to the river below Boulder Canyon. Under such circumstances it is manifest that international comity, if no other reason, requires that this situation be taken fully into consideration in any plans of Colorado River development. In its preliminary report on the problems of Imperial Valley and vicinity of January, 1921, the Reclamation Service recommended equitable participation by the Mexican Government in the cost of storage works, and arrangements with that Government for the construction and maintenance of flood protection works on Mexican soil. Such participation and arrangements could, of course, be brought about only by the concurrent action of the two Governments. There is also the question of the degree to which the United States should itself take part in power or other developments along the river. It is argued, and with apparent justification, that the cost of flood and irrigation storage is greater than the irrigation interests alone can bear and that, therefore, the Government should itself construct the works and recoup itself by sale of power, some 600,000 horsepower of which could be developed at Boulder Canyon. Whether this arrangement would or would not effect an equitable distribution of benefits among irrigators and power consumers, I am not prepared to say. There are, furthermore, those who advocate development at Government expense of all the powers along the Colorado River, the distribution of such power by the Government at cost, and the prohibition of any development by private capital on the river. This is, of course, merely an instance of the age-long contest between advocates of public and of private ownership and operation. On account, however, of the probability that it may be found necessary that the Government participate in the development of the river at least to the extent of furnishing flood protection, general action is unlikely to be taken upon the applications before the Federal Power Commission until conclusions have been reached upon the extent, if any, to which the Government should thus participate. Finally, agreement among the several interested agencies should be reached on the general procedure and the general plan of development to be followed on the river, in order that whatever work is done or projects constructed may fit into a scheme for the fullest practicable utilization of the river for all uses to which its waters are adapted. There is an apparent existing need for additional power in certain sections within the basin. The several interested agencies should, therefore, reach their conclusions at the earliest practicable date so that the present order of suspension may be lifted. The primary elements of a general plan for river development appears to be as follows: (1) storage at the headwaters for irrigation in the upper section and for such power developement in this section as can be accomplished without undue interference with irrigation; (2) storage below the San Juan of sufficient capacity to control floods and to regulate the water available at that point for power use in the middle section; and (3) storage below the Virgin sufficient, at least, for re-regulation to meet irrigation requirements of the lower river and for such additional flood protection as may be necessary or desirable. If this or some similar plans can be agreed upon, and an equitable apportionment of the waters effected, the details of the immediate application of the waters of the river to their respective uses in the individual sections will be greatly simplified, and work may be started on the series of developments upon which the economic progress of the whole Southwest primarily depends. (Whereupon, at 11.25 o'clock a. m., the committee adjourned until 10.30 o'clock a. m., Wednesday, June 28, 1922.) X |