The copper era and Morenci leader., 1922-07-14
NORvELL ATTACKS SWING BILL |AS BEING UNCONSTITUTIONAL;
 MUST CONSULT ARIZONA FIRST

The Swing-Johnson bill which pro. vides that congress appropriate $70,- 100000 to build huge dam in the Colorado river at Boulder canyon is attacked on constitutional grounds by w. S. Norveil, Arizona water com missioner, in a letter to Senator Ralph H. Cameron. He states that it is not within the power of congress to assume control of unnavigable streams under the interstate ~com- merce clause.
 Referring to the Swing-Johnson bill,,' says MT. Norveil in the letter "I desire to voice my objections to some of the features of the bill.
 "In the first place, the last four lines on the first page after the word development should be stricken ont of the bill for the reason that COT gross has. no right or authority to reserve to the United States the eX- elusive right to construct, provide and control dams, reservoirs or diversion works upon the Colorado river below the mouth of the Green.
 Tt could hardly be argued consist entity that the construction of control dams, reservoirs or diversion works on the Colorado river referred to in the last four lines of page one of the bill are improvem ents to maintain the navigability of the river, nor would it be tending to regulate commerce with foreign nations, or among states, or with Indian tribes. Therefore. the lines suggested should be cut out of the bill
 "To maintain the navigability of the stream the government of the United States may grant or prevent the diversion of water from the stream or any of the tributaries there of that go to make up the quantity of water in order to maintain the navi- gability of the stream but it cannot invade the sovereign right of the state to control and limit the rights tions in the use of water of not na- vigable or other streams for power. or other purposes.
 ''The government may permit the diversion of water from the Colorado river for the purpose of irrigation or the production of hydro-electric ener- gy. Such a permit would be an ad mission that ,uuh water is not needed to maintain navigation and the mo- ment such water is diverted the gov ernment loses control thereof and has, no more right Or authority over it, nor has the government any right to sell or let in any manner for conl pensation the right to use such wate. from another state, for this bill would permit the state of California to come into the state of Arizona a1l. :overbid and receive. the license or permit from the government to own and control power plant to manu- facture or generate electricity energy and dispose of the same in it's own way and at it's own price, without consulting the state of Arizona in anyway whatever.
 @'I: note in one of the newspapers a statement from a prominent citizen in southern California in the hear, ings before the committee having the bill in charge, states that the peu pie in southern California are willing to agree to take all the power that may be given them from the works at Boulder canyon. If that statement is true and could be carried into eff feet, I can see no reason for with holding license for the construction of dam at Diamond creek, which would be for the production of power only and would furnish power several years before any power may be had from the Boulder canyon project If the license for this development IS withheld because it would take away the market for the power which it is proposed to develop at Boulder can yon, and if this statement can be carried into. effect the withholding of the license is in error"