The Winslow mail., 1923-11-09

It grants no water to Mexico, nor
could it. That is exclusively a func-
tion OF the United States government
l repeat that it is just a clearing
away of legal and political obstruc-
tions to development Interpreted
naturally, without prejudice, without
distortion of meaning or straining of
the imagination, it presents no sinis-
ter aspects, harbors no unworthy
purposes, seeks no perfidious end.
''Inasmuch as the division of the
waters OF the Colorado is the occasion
for the Compact; inasmuch as it is
the outstanding and all-important
feature of the Compact; inasmuch as
it is the test by which tho Compact
should stand or fall, let us inquire
into the details of this division Bas-
ed, as l have said, upon reasonable
probable needs, with a liberal margin
allowed, as ascertained by the Recla-
nation Service and the United States
Geological Survey, the Compact al
lots to each of the two groups of
States which | have described, seven
million five hundred thousand acre
feet Of water per annum. 1t then
gives to the lower basin the right to
apply to beneficial consumptive use
per annum.
"The upper basin binds itself to a
maximum use of seven million five
hundred thousand acre-feet per year.
It binds itself to Withhold no water
which cannot reasonably be applied
to agricultural or domestic uses, and
experts agree that with the maximum
Of development in the upper basin
which probably will not occur for at
least hundred years-such use will
fall short Of six million acre-feet. The
upper basin binds itself to not permit
the flow of the river at Lee Ferry,
near the Northern Arizona line, which
thereby becomes the practical point
of division, to be depleted below an
average of seven million five hundred
thousand acre-feet per annum. Thus
the burdens Of division, of possible
shortage and of questionable develop
ment are all upon the upper basin.
The lower basin has the benefit of
every doubt, the advantage of every
contingency.
Bear in mind; the allotment to the
upper basin is seven million five hun
dred thousand acre-feet, less such as
may not be reasonably applied to
domestic and agricultural uses.
any that may possibly be required to
make up the guaranteed flow at Lee
Ferry. The allotment to the lower
basin is seven million five hundred
thousand acre-feet, plus one million
acre-feet, plus all of the allotment
to the upper basin which may no
reasonably be applied to agricultural
and domestic uses, plus the waters OF
the Little Colorado, the Virgin, the
Bill Williams and the ella, which
enter the Colorado below Lee Ferr!
the point of division, and thereby
cannot possibly be affected by the
allotment, or in any way lessen @
ameliorate the engagements of the
upper basin, which apply as at Lee
Ferry. To these items might be ad
ded the unallotted flow of the river,
for as it is unpledged, unaffected,
and by the terms of the Compact may
not be withheld, the law Of gravity
will bring it to us, and existing water
law, unamended by the Compact, will
give it to us if we can find any place
to put it. Exhaustive Investigations
conducted by competent engineers OF
the United States government disclose
that with the maximum OF develop
ment in the upper basin there Will
be available for storage and use IN
the lower basin, above eleven million
acre-feet per annum-ample for all
present requirements, for all known
future demands, and provide sur
plus of from five to six million acre
feet for insurance that doubtful II
not visionary reclamation projects
will languish. if they languish, for
something other than water Hence
it must be apparent that the division
is fair and just, and safe Tor both
basins, since it exceeds the require
ments of either, but if complaint there
should be it might with least 1mpro-
priety come from the upper basin,
which supplies most Of the allotted
waters.
There may be an impression in
| the minds of some that ratlhcatlon OF
this particular Compact is not after
all a vital matter-that however de-
sirable development of the Colorado
may be, as all will admit, and how
| ever necessary an agreement between
| the States may be as condition
precedent thereto, if this particular
Compact fails, another can be for
mulated. Unfortunately such is not
the case. 1t is a conservative predic-
ton that failure of the existing treaty
will mean the defeat of development,
at least for many years to come. Con-
gressional authorization by virtue OF
which the Compact was formulated
has expired Consent of Congress
will have to be secured for the nego-
tiation of another treaty, and in the
! face of AriZona's refusal to give ltS
approval of an agreement which un-
questionably has the favor of large
majority of the members of Congress,
there we'll may be doubt that that
body would give its consent. The
States which have ratified the Com
pact have a considerable number of
members in both Houses of the ma
ticnal legislature, and their opposi-
ton, interposed. would be sufficient
to prevent Congressional consent.
But if Congress, urged by Arizona's
representatives, should give it's con
sent. the Acts of six Legislatures be-