The Coconino sun., 1925-12-18

sonal and daily variations in demand
shall be located as close to the land
to be irrigated as possible and water
for irrigation and domestic purposes
shall be supplied first from the near
est reservoir above the point of di-
version of such waters.
ARTICLE "
The territory of no state shall be
entered upon for the purpose Of CON
struction or maintaining works uti-
lizing the water of the Colorado
river except with the consent, and
subject to the laws of such state.
ARTICLE "
The. necessity for flood protection
and development of the Colorado
river as herein provided for is hereby
recognized and established. All pri-
vate or public. lands in Arizona, Cali
Hfornia and Nevada that are necessary
for the construction and operation of
works foD the control and utilization
|of the Colorado. river for flood pro-
lection, irrigation and domestic uses
of water and the construction Of dams
for power purposes in pursuance of
the provisions of this agreement shall
be subject to the right Of eminent do
main OF the state wherein such lands
are located unless they have already
been put to more necessary public
use.
ARTICLE, VI
Each of the states party hereto.
and the United States, recognize the
acute necessity for flood and drought
protection for lands now in cultiva-
ton by irrigation from the waters of
the Colorado river and hereby pledge
their good faith to grant the neces-
isarys permits and licenses for such
construction, also rights of way to
any district or agency that may be
created IN pursuance of the terms of
this agreement for the immediate con-
struction of reservoir in the main
Ichannel of the Colorado river at such
point as may be determined upon by
the federal government, if it be q
government project, OF by the major
iity of the states party to this agree
iment, If by some other agency. Such
permits, licenses and rights of way
shall include those necessary for the
construction of the dam and reservoir
and appnrtenant works including hy@ !
mission lines provided, that no dam
or other works shall be built in the
bed Of the Colorado river at any point
in the river which when constructed
will back up the water of the river
so as to limit or interfere with the
construction of dam selected by
any of the states for the diversion of
water for irrigation or domestic pur-
poses in that state.
ARTICLE VII
Any state in which reservoir sites
exist in the Colorado river or it's tri-
butaries, directly or through any dis
trict or agency created in pursuance
of and hereafter authorized by the
laws of Said state, may build dams,
hydroelectric power plants and ap-
purtenant works in such state and
operate or lease the same. Where
the reservoir is situated in two or
more states, such dams, power plants
and appurtenant works may be built,
operated or leased jointly by the two
or more states, or by any district or
agency that may be created in pur-
spance of the laws of such states. |
Such state or states may sell or lease
the power produced by such dams or
power plants, and may impose taxa
ton OH such dams, power plants,
transmission lines and other property
incident thereto, and may collect
royalties on the power produced by
such dams or power plants or any Of
them or impose tax on such power
or provide for both such tax and.I
royalties on such power. Where de- i
velopmcr1t works are constructed ini
two or more states, the entire hydro
electric plant, including dams. reser-
voirs, power houses and appurtenant
works shall be considered a unit in all
matters relating to the financing of
construction, the operation, lease, /
collection Of royalties and taxation,
regardless of the location of the
power plants with reference to state
boundaries. The cost of the construc- |
tIon of all such development works |
shall be borne by the respectivel
states, districts or. agencies created
in pursuance of the laws Of such
states, and all power and revenue
from the sale or lease of power, orl
royalties on the same, or taxation of /
such power or works, shall be divided /
among the states in direct proportion
to the present amount of fall which
the river makes. in each state between
the dam and the elevation of the bed
Of the stream reached by the back
water when the reservoir is filed
Where the river forms the boundary
between two states, each state shall !
be allotted one-haf of the fall which
occurs in the present river bed on.
such joint boundary for the purposdA
of computing the relative proportions
allotted to each state.
ARTICLE VIII
The use of power developed byl
such dams and works shall never vest
in perpetuity in any private person
or corporation, but the states and
citizens of states. in which such /
power is developed shall have pre-
ferred rights to its use whenever the
need for it may arise, provided, that
leases for the use of power for terms
not exceeding fifty (50) years may
be made by any such state or states,
or any district or agency hereafter
created in pursuance of law when APP
proved in such manner as may bel
provided by the laws of such state or{
toe 1xvL.fnI. Il