OCR Text |
Show made these power and water contracts at any time after January 1, 1929. This, of course, is not the case. As pointed out to you last October, it would have been physically impossible to negotiate and conclude a 3-State agreement and have it approved by three State legislatures and by Congress in the 10 days intervening between December 21, 1928 (the date on which the act was approved), and January 1, 1929. Even if you or your predecessor had had the power to proceed with the making of contracts on or immediately after January 1, 1929, no fair minded officer could have thought it proper to do so until there had been a reasonable time and a bona fide effort to effect a 3-State compact. But you did not, nor did your predecessor, have any such power on January 1, 1929. The Boulder Canyon project act did not take effect until June 25, 1929, the date of the President's proclamation that the necessary conditions had been complied with. Until then you and your predecessor were expressly forbidden to exercise any authority under the act. Hence your statement that you "delayed" action for 13 months after taking office is inaccurate and misleading. You took office in March, 1929. Between that date and June 25 you did not "delay" taking action. You were simply powerless to act. The failure to exercise a power not possesed can not properly be termed "delay." Accurately stated, the facts are that the earliest date on which you could possibly have taken any action whatever under the Boulder Canyon project act was June 25, 1929; that less than 10 months thereafter (April 24, 1930) you executed a contract with the Metropolitan Water District of California; and that 2 days later you executed the 2-power contracts referred to in your letter, |
Source |
Original book: [State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Coachella Valley County Water District, Metropolitan Water District of Southern California, City of Los Angeles, California, City of San Diego, California, and County of San Diego, California, defendants, United States of America, State of Nevada, State of New Mexico, State of Utah, interveners] : California exhibits. |