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Show BOULDER CANYON PROJECT 15 basis. With assurances of storage, California has offered to ratify the compact unconditionally and waive the provision requiring approval by any specific number of States. Since California is the place where the upper basin States fear the creation of new and enlarged water rights, her unconditional ratification of the compact, together with the protective provisions contained in the bill, which provisions were written by the upper basin States themselves and included at their special request, afford proper and adequate protection to the upper basin. The compact is satisfactory to six of the seven States affected. Arizona alone has continued to withhold her approval. More than five years have been consumed in the effort to satisfy Arizona and obtain her ratification, thus making it unanimous. The compact was signed by her commissioner, and at one time lacked only one vote of having the approval of her legislature. It is not thought that Arizona would be injured by its terms. . This development has been much needed for a long time. It has been before Congress continuously since 1921, but has been delayed in the hope of full agreement among the States. Every possible effort seems to have been made. Further delay ia not justified. As said by Mr. Hoover more than two years ago: I have felt that the public interests of the people involved is so great that the whole of this enormous work should not be held up because of this last remaining fraction of opposition. The upper basin is protected under the bill. The upper-basin States have physical control of more than 80 per cent of all of the water of the Colorado River system, therefore, if California is bound by the terms of the compact on any basis the upper basin is fully protected. Necessarily, before any State in the upper basin could be disturbed in her use of water, a lower-basin State would be obliged to be a moving party through the courts. With California bound by the compact, they would simply transfer their defense to that State and California would be obliged to look to their protection. This, however, is not their only protection. With these works constructed and owned and operated by the Government and since the United States is the most considerable owner of lands adjacent to the river through its entire length, including its tributaries, the United States is in position physically to enforce such terms and conditions upon the use of the water as it may desire. This bill expressly approves the compact and assents to all all of its terms so far as the United States is concerned. The representatives of the upper-basin States have prepared and submitted the numerous protective devices for their own benefit. These amendments not only include the approval by the United States but subjects the United States and each and every agency thereof, to its terms. Not only that, but requires the Secretary of the Interior in the construction and operation of the project, to conform to all of the terms and conditions of the compact, and inasmuch as no rights can be acquired in the project except by contract, as specifically required in the bill, this provision is very effective. But in addition to that, all patents, grants, concessions, easements, rights of way, or other evidences of rights from the United States are impressed with all of the provisions of the compact as a matter of law, and many other |
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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. |