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Show waters, and subject always to the paramount right of Congress to control their navigation so far as may be necessary for the regulation of commerce with foreign nations and among the states, and whereas : "It is the settled law of this country that subject to the settlement of controversies between them by interstate compact, or decision of the Supreme Court of the United States and subject always to the paramount right of Congress to control the navigation of navigable streams so far as may be necessary for the regulation of commerce with foreign nations and among the states, the exclusive sovereignty over all of the waters within the limits of the several states belongs to the respective states within which they are found, and the sovereignty over waters constituting the boundary between two states is equal in each of such respective states, and whereas: "It is the sense of this conference that the exercise by the United States Government of the delegated constitutional authority to control navigation for the regulation of interstate and foreign commerce does not confer upon such government the use of waters for any other purposes which are not plainly adapted to that end, and does not divest the states of their sovereignty over such waters for any other public purpose that will not interfere with navigation: "Therefore, be it resolved, That it is the sense of this conference of governors and the duly authorized and appointed commissioners of the States of Arizona, California, Colorado, New Mexico, Nevada, Utah and Wyoming, constituting the Colorado River Basin States, assembled at Denver, Colorado this 23rd day of September 1927, that: "The rights of the states under such settled law shall be maintained. "The states have a legal right to demand and receive compensation for the use of their lands and waters except from the United States for the use of such lands and waters to regulate interstate and foreign commerce. "The state or states upon whose land a dam and reservoir is built by the United States Government, or whose waters are used in connection with a dam built by the United States Government to generate hydro-electric energy are entitled to the preferred right to acquire the hydro-electric energy so generated or to acquire the use of such dam and reservoir for the generation of hydro-electric energy, upon undertaking to pay to the United States Government the charges that may be made, for such hydroelectric energy or for the use of such dam and reservoir to amortize the government investment together with interest thereon, or in lieu thereof agree upon any other method of compensation for the use of their waters." Division of Water No final determination was arrived at with respect to a division of water, but much progress was made in that direction and there was a closer approach to bringing the claims of California and Arizona into accord than heretofore. This question was very much simplified by |
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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. |