The Coconino sun., 1925-12-11
RIVER COMPACT TRAINER,
SAYS MIR. WHITE IS RIGHT

w. S. Norviel, Phoenix. attorney
and former state water commissioner,
is in full accord with the views of
Judge Samuel White on the Colorado
river, and would go a step further to-
ward the protection of Arizona's
rights to the Colorado river.
This statement is regarded as sig
nificant in that Mr.. Norviel was Ari-
zona's representative at the confer
ence which framed the Colorado river
compact at Santa Fe.
In a communication to the Gazette
today, Mr. Norviel writes:
From the report in The Gazette
of yesterday: On the assumption that
the Colorado is a navigable stream,
Judge Samuel White, in his brief on
the Colorado river problems and the,
legal rights Of Arizona, written at the
request Of Senator McNary for the
senate committee on irrigation and
reclamation lately investigating the
Colorado problems, reaches Id con-
clusions based on the first proposition
that the Colorado is nayigable
stream.
"We think the judge is right, as we
-
expression in similar language to all
except on two points; that is, as to
the right of eminent domain in point
No. 8 of his conclusions; that the
right of eminent domain is lodged
solely in the state of Arizona 1t is
assumed the Judge meant as to the
bed, or bed and banks, of the Colo
rado Not having seen the brief we
are not fully convinced on this point.
The other point is in point IA, as to
the rivers and harbors act, for the
reason we. have never observed the
close relationship of that act to the
Colorado problem; however, that is
immaterial for the other points are
ample and satisfying, and the conclus-
ions indicate a carefully prepared
brief clearly setting out the legal
rights of Arizona.
''The judge might have gone fur
ther and said, if the stream is navi-
gable for international and interstate
commerce, then the government may
prevent any structure being built in
the river that would impede or de-
stroy navigation, the war department
being the arbiter, and might prevent
any depletion of water for any pur
pose anywhere on the stream or tri-
butaries that would impede or de-
stroy navigation.
However, suppose the Colorado is
a non-navigable stream, which may be
true, and may be SO held if a legal
test should come. Then the whole
story would be changed. While that
condition would strengthen the right
of Arizona in the control of the
waters, the ownership of the bed of
the stream might be entirely differ
ent, except where the tides ebb and
flow.
another article IN yesterdays Ga
zette by S. A. Sprague, whom we do
not have the honor to know, on the
ALLEGATION of the Virgin river to Ne
yada by the committees from Cali
fernia and Nevada in their proposition
of the division of the waters of the
lower basin. We agree with Mr..
Sprague that Arizona cannot agree
to that proposition. 1t might jeop-
ardize the water rights of the $50
acres now being cultivated at Little
field in Arizona.
Further, for about four years Mr..
NJ B. Dudley has been working on
the problem of the Virgin river irri-
cation project; to store the water in a
reservoir in the Virgin mountains,
carry it through a tunnel half mile
to the mesa lands in Arizona and Ne
vada for irrigation and power. An
automatic meter gauge has been
maintained several years, surveys of
water and land has discovered water
for practically 100000 acres, and
- IN
Arizona that can be feasibly re-
claimed and about the same amount
in Nevada, in addition to the 5000
acres around Bunkerville and Mes
quite. Maps and engineers report of
the project may be seensin my office.
"We cannot agree with Mr.. Sprague
altogether, however. The irrigable
lands in Arizona south of st. George,
Utah, if reclaimed would be a part of
the Utah project and would be a sec
ondary consideration with them and
only used if lands in Utah could not
be found for the water And that
project would seriously hamper if not
destroy the Arizona Virgin river
project.
"Again, Nevada may easily reclaim
several thousand acres of good land
along the Colorado, large body by
shallow pump lift at the crossing be-
tween Chloride and Searchlight, and
below there. are several tracts of con-
siderable acreage. The ALLEGATION of
100000 acre feet to Nevada is not
out of place. Like Mr.. Sprague, we
see many things in the proposal of
California and Nevada to divide the
waters of the Colorado that need fix
ing. However, we have become so
used to ridiculous propositions on that
subject that we are becoming used to
Wild statements and propositions.
Nevertheless, it is start, and counter
propositions may be made, and COM
mon ground may soon be found that
viii be satisfactory to all"
NAME BAUMERT DEPUTY