Arizona republican., 1922-03-29
To
CLAIM s. PER
CENT OF THE
RIVERS FLOW
VIII Tell Colorado River
Commission OF Opposi-
lion To Any Restricted
Use Of Waters
TRepubIIcanA. 4. ?. Leased Wirel

GRAND JUNCTION, Colo, Mar. rs.
Representative OF western Colo
rado and eastern Utah tomorrow will
present testimony to Herbert Hoover,
secretary Of commerce and chairman
OF the Colorado river commission, in
an effort to substantiate Colorado S
claim to the waters of the river for
reclamation purposes and the conten-
tion Will be made that the right
should be an unrestricted one.
The secretary and his party Is due
to arrive here from Salt Lake City
early in the morning and It is planned
to begin hearing witnesses shortly
after 10 o'clock.
Those in charge of the presenta-
tion OF Colorado's case declared to-
night that Colorado takes the atti-
tude that 65 per cent of the water of
the Colorado river is from Colorado
and that while the state probably
never will be able TO use more than
one-third OF the water, the state is
unwilling to participate in any agree
ment that will take away from the
state of Colorado the legal right to
say what shall be done with waters
within the state.
Will Claim Waters
r. e. Merriell, engineer of F'ruita,
who has been helping to prepare the
case of various counties and districts
over western Colorado and eastern
Utah, pointed out tonight that under
provision Of the Colorado state
constitution the waters Of the state
are reserved to it's citizens for their
own use.
With the high crest OF the conti-
mental divide feeding streams flowing
in all. directions out OF the state, !"
said DIR. Merriell, lit has been found
in the past that the Colorado doc
trine IL title to water is bitterly as
sailed by other states. This famous
docrine, one of the provisions OF the
state constitution, says that the wa
ters OF the state are reserved to its
citizens for their use and upon this Is
built the whole construction of irri-
cation law as applied in the state.
The practice which has grown upon
the basis of this doctrine is that tne
man who first puts a given quantity
of wateF.-to beneficial use acquires
a vested right in that use against all
later comers.
1t win be seen from the practice
which has grown UP that the funda.-
mental principle of law on which
every irrigation. power or other use
or water is based, permits no restric-
tions Of the rights of any man ex-
cept that imposed by the beneficial
use of those that came before him.
Thus he is assured of the same con-
ditions which he assumed when he
started to use water at all times when
the stream flow or reservoir capacity
is sufficient to supply him and this
right is not only an element of value
I but also. and more important even,
it is grounded in the principle of law
which establishes the freedom or lib
erty of our citizenship.
"Our position Is that the state OF
| Colorado owns its own waters and
that any agreement made for the re-
striction of their use in the state OF
Colorado affects the legal right to
use the waters which are ours.
Insist On Rights
"The other states can develop the
river anyway they believe best for the
lower basin, because after it leaves
our state it isn't our water. We car
not concede to any one the legal right
| to say what we shall do with oul
own waters"
As head of the commission created
! to smooth out differences arising be-
4 tween states through which the river
extends in it's 1900 mile stretch from
! the snow fields Of the Rocky Noun
| tains in wyoming and Colorado, to
! the sub b-tropical lands of the I'M
perial valley of California, Secre-
tary Hoover has been holding similar
| hearings in Western states, starting
at Phoenix. Arizona, March 10.
/ Among those who probably viii
appear before the hearing tomorrow
are Attorney General Victor i. Keyes
f. C. Merrfell of Fruita; II. G. Getty
divisional engineer OF the state OF
Colorado; State Senator ]. J. Tobir
of Montrose ]. c. Robinson engineer
| of Gunnison county, and r. Fl. Ban
1 croft of Palisade.
Joseph u. Moorhead, secretary tc
Governor Shoup, is representing the
governor at the meeting.
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