AZ vs. CA:24 California Exhibits, Vol. XXIV; Miscellaneous

page A103

COMPACT-REPORT BY CARPENTER-COLORADO A103 basin). Assuming that 2,500,000 is now annually consumed during uses in the upper basin, we would obtain a "reconstructed river" by-adding that amount to 16,100,000 acre-feet, making an aggregate of 18,600,000 acre-feet annual discharge, which is 101 percent of the 20-year annual average. It is evident that the States of the upper basin may safely guarantee 75,000,000 acre-feet aggregate delivery at Lees Ferry during each 10-year period. This would mean an average annual delivery of 7,500,000 acre-feet as against 15,940,594 acre-feet present net annual average flow (100 percent) at Lees Ferry or 18,415,842 acre-feet natural average annual flow (100 percent) on the basis of a "reconstructed" river. I herewith attach, for your information, copies of certain telegrams which will be self-explanatory. Very truly yours, Delph E. Carpenter, Commissioner for Colorado. [Telegram] Capitol Building, Denver, Colo., February 10, 1923. Hon. Herbert Hoover, Chairman, Colorado River Commission, Washington, D. C: Do you concur with me that the intent of the commission in framing the Colorado River Compact was as follows: That paragraph (b) of Article III means that the lower basin may increase its annual beneficial consumptive use of water 1,000,000 acre-feet and no more? That Article VIII is not intended to authorize, constitute, or result in any apportionment of water to the lower basin beyond that made in paragraphs (a) and (b) of article III? Delph E. Carpenter. [Telegram] Washington, D. C, February 12, 1928. Delph E. Carpenter, State Capitol, Denver, Colo.: I concur with you, and shall so advise Congress in my report, that the intent of the Commission in framing the Colorado River compact was as follows: First, that paragraph (b) of Article III means that lower basin may acquire rights under the compact to annual beneficial consumptive use of water in excess of the apportionment in paragraph (a) of that article by 1,000,000 acre-feet and no more. There is nothing in the compact to prevent the States of either Basin using more water than the amount apportioned under paragraphs (a) and (b) of Article III, but such use would be subject to the further apportionment provided for in paragraph (f"> of Article III and would vest no rights under the present compact. Second, That Article VIII is not intended to authorize, constitute, or result in any apportionment of water to the lower basin beyond that made in paragraphs (a) and (b) of Article III. Herbert Hoover.