AZ vs. CA:08 California Exhibits, Vol. VIII; Nos. 371-398F

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4 UBS O» WATERS OF LOWKB COLORADO RIVER FOB IRRIGATION. the river is an important factor in the development of the country. As railroads and other facilities are provided, the river navigation will become less important, but under good management the river will always remain navigable between the head works of the larger irrigation systems to be installed in the future. Under aewise and businesslike control of the entire stream, the interests of irrigation and navigation can be fully protected, and vast tracts of land now desert can be converted into densely settled and prosperous communities of small landowners. If, on the contrary, development proceeds in a haphazard fashion and without plains for the future, the resources of the country will be greatly diminished and the creation of thousands of homes will be prevented. In other words, by neglecting to build storage works at suitable places, or by allowing vested rights to accrue without system or plan, the great resources or this river will be seriously impaired. LEGAL CONDITIONS. It is generally recognized that the control and distribution of the water appropriated for irrigation from.the upper tributaries of Colorado Kiver is carried on under the operation of State laws. Various systems have been adopted by the States of Colorado, Wyoming, and Utah for apportioning and settling disputes as regards the utilization of thv waters necessary for the continuous irrigation of arid lands. The lower part of the stream, however, l>eing navigable, is under the control of the United States, and diversions of water for irrigation, although tolerated, have not been expressly sanctioned by law or by Executive action. Various ditches nave been constructed to take water from the navigable part of Colorado Kiver, and in one case permission was sought from the Secretary of War. Reply was given that the Secretary of War declined to grant formal permission, but informed the company applying that the War Department would not interfere with its operations, provided they were so conducted as not injuriously to affect the interests of navigation. While not presuming to discuss the legal conditions, it is necessary to state that the control of diversions from Colorado River to lands in Arizona and California is obviously under the administrative supervision of the I'nited States, and owing to the scarcity and great value of the supply must necessarily remain so if the larger future interests of the people as a whole are to Imi guarded. The water which can be stored and regulated in Wyoming, Colorado, New Mexico, and Utah can Ih; used in part within their limits, while the remainder can be used only for" the development of aria lands in Arizona, California, and the Republic of Mexico, and in maintaining fora niinilier of years at least the navigation interests in the rapidly developing lower country. IRRIGATION IN CALIFORNIA AND ARIZONA. The resolution calls for an investigation and report on the various ouestions involved in the irrigation of arid lands in the State of California and Territory of Arizona through the use of the waters of the lower Colorado Kiver. As before .stated, irrigation canals and ditches have been taken out on both sides of the lower river, those on the