Gunnison news-champion., 1923-02-09
Legislature Should
Reject River Pact
Continued from Page one)

NIonunued from fA&e Onel
New Mexico, Utah and Wyoming,
Iying within the Colorado river drain
age.
As the compact now stands, il ought
not TO be approved by the Colorado
legislature until after most careful
investigation conducted by citizens of
those respective states, who are ac-
quainted with the territory 10 be di-
rectly affected by the treaty; and the
committees or commissions selected
TO make that investigation. ought to
consist of men who live within the
upper basin of the Colorado river
And, from all the facts at present
known, the compact ought not to be
adopted in its present form. A
compact of some kind between the
seven states may be and probably will
be very desirable thing to accom-
plish, and probably should be encour-
aged, rather than discouraged. But
even tho that be true, We are not
justified in hurrying into the first
compact which is presented when that
compact may, in the course of time,
prevent the prosperous development
of these upper states.
Vital Provisions of the Compact
The compact provides, in substance,
that the waters of the Colorado river
shall be apportioned between Arizona,
Nevada and California, constituting
the lower basin; and Colorado, New
Mexico, Utah and Wyoming en-
closing the upper basin. The division
point is at Lee Ferry, on the Colorado
river, near the Arizona Utah line
Mr.. Carpenter, commissioner for
Colorado, in making his report back
to the governor and legislature con-
cerning the compact, estimates that
the total flow of the Colorado river,
down near its mouth, is 2220 100000
acre feet per annum; and that the
average flow of the Colorado river, at
Lee Ferry, is about 1850, 900 acre
feet per annum. (Other estimates
place the flow at Lee Ferry at much
1ess.)
The compact undertakes to divide
the waters flowing out of the upper
basin on the basis Of the floO past
Lee Ferry.
Articles Misleading
Under paragraph (a) of Article
Ill. of the compact, it would seem at
first glance. that the upper basin is
clearly given and allotted 1900. 900
acre feet of water per annum.
But we find that first paragraph
(a) appears to be modified by para
graph (d), which requires that the
upper basin shall allow the flow past
Lee Ferry to the lower basin an aver
age Of 100000 acre feet per year.
This paragraph (d), therefore, in ef-
feet gives priority to the lower bas-
in to the extent of its first 1900, 900
acre feet from the flow out of the up
per basin.
But the effect of paragraph (a) is
again modified.
Paragraph (b) allows the lower
basin to increase its use of water by
1000 600 acre feet per annum-in adj
dition to the 100000 acre feet per
annum granted to the lower basin
under paragraph (a).
Meaning Uncertain
The meaning Of this paragraph (b)
Is uncertain; it might be constructed
to mean that the lower basin may in
crease its use of the waters by l.
900 900 in one year, and then by an
other 1000 900 feet the next year,
and SO on; or it might be constructed
to mean that the lower basin can only
increase its use Of the water to .
total Of 6, 500 900 acre feet per annum.
But, turning now to paragraph (e)
cf Article III, we find that Il Old
Mexico should claim water from the
river, md il the United States should
recognise such international rights,
and II the waters allowed to Old
Mexico should bring about deficiency
Of Wuter, then the burden Of such d.
Aciency shah b borne equally By the
upper basin and the lower basin out