The Coconino sun., 1922-12-01

the compact provides, ex-officio to de- termine and coordinate the facts as to the flow, apportionment, consumption and uses of the waters, enlisting all information in such matters and to secure publication of the flow of the Colorado river at the point of divis- ion and the measurement of the wa ters in the principal tributaries of the river.
 The compact will provide that any water rights given by treaty between the United States and Mexico which may be entered into shall be bur den equally carried by both divisions of the basin. The compact itself does not recognize any rights of Mexican lands at this time, but appreciates that future treaties between the Unit ed Sates and Mexico might contain water equities in the Colorado river, hence the understanding of dividing the burden on the 50-50 basis.
 If any controversy arises between two or more states, the compact pro- vides, with respect to the uses of the water, provision has been made for the appointment of a commission by the governors of the states affected, to consider and adjust any such claims subject to ratification by the legisla- lures of the states affected. It is understood that states which have leg islative adjustment at present shall not be interferred with by he com pact.
 The compact also makes provision that there shall be no interference affecting any obligations the United States government has granted to the use of he waters of the river by the several Indian tribes in the basin. It also provides that all appropriations of water that have been heretofore made and are now valid and subsist- ing shall remain in full force and eff feet unaffected by any of the condi- tions of the compact and nothing in the compact shall be construed to pro- hibit or limit any state from institut- ing suit for legal or equitable protec- tion of any of its present rights.
 The time of the compact was not made definite at the time of my de- parture, the states in the lower basin recommending a period of 30 years from the time it went into effect fully, and that within that period note should be taken of the water being put to beneficial uses for a further dis tribution of the unused water. It was the concensus of opinion of the upper states commissioners that the devel- opment will be considerably slower in that region and that the compact should not be disturbed for 50 years.
 The compact may be terminated at any time by agreement of the sigma tory states with the understanding that all rights established up to such period shall continue in full force and effect and unimpaired.
 A further provision provides that at any time in the life of the compact two or more states or one state and the president of the United States may request a review of the acts of the present commission and ask for a further adjustment and allocation of the unused and unappropriated waters as of that date.
 The big battle-ground of the present commission has been upon the division of the unused waters of the basin which has been estimated to be the mean average flow of the river in the past 20 years at Lees Ferry of 15,- 000,000 acre feet a year, the amount of water having reached state dur ing the period mentioned of 9.200.000 acre feet, and a high flow of 23,000,- 900 acre feet.
 It has been the desire of the upper basin commissioners to divide the mean average flow on the 50-50 basis, with quantity of water to the low. CT basin of not less than 75,O00,000 acre feet for a period of ten years, on an average of 7,5O0,000 acre feet annually. This division. while appear ing equitable on the face of it, has not met with the approval of the commis- sioners of the lower basin. who have insisted upon. an additional 100000 acre feet of water. due to what thev claim is now and will be the greater demands on the river for the irriga- tion of lands and other uses.
 If any compact is signed by Con- missioner W. s. Norviel of Arizona, this additional volume of water must be granted to the states of the lower division, and from advices received by me this demand has been acceded to. In my opinion from facts pre- sented at the conference, the states of the upper division will not be able to put to beneficial uses more than 6,000,000 acre feet of water annually. However, it is possible in the course of time, by the utilization of cheap power; for the pumping of water to heights now deemed impossible, that this sum might be increased to the amount set off in the compact to the states in the upper division, but in that event most of the water will find it's way back to the main channel of the river in a return flow.
 I believe now and have for several years past covering a period of my investigation of the flow of the river that there will always be plenty of water for every beneficial use to which it can be put in Arizona in cluding Nevada, whose needs are mi