, 1925-12-30
COLORADO RIVER PACT
UNDER ADJUSTMENT
(Tracy S. McCraken)

With the appearance before the
committee on Saturday last of the
three Wyoming representatives, At
torney General Howell, Interstate
Streams Commissioner Hopkins and
State Engineer Emerson. hearing
on h Colorado River controversy
were held at Washington, D. c., by
the Senate committee on Irrigation
and Reclamation. And at this time
it is significant to note that not
only Senator Kendrick, but Senators
johnson of California and Ashurst
of Arizona, both lower basin states,
expressed during the hearings the
belief that prospects for ratiica-
ton of the treaty + Low more en-
couraging than at any time since
Arizona first dissented. But this of
course does not neal that the SEN
ators are sanguine. There still re-
mains to be bridged a breach of
no small proportions.
Involving as it does irrigation
and power the magnitude of which
transcends even that of the famous
Muscle Shoals project, it is not to
be wondered that Wyoming sent
three of her ablest officials to pre-
sen Wyoming's views to the con-
gressional committee, nor that SEN
ator Kendrick, as a member of that
committee, attended every meeting
and took IN active part in the dis
cussions as a further means of safe
guarding the interests of his state.
The Colorado river treaty, when
signed by the seven states of the
Rivers basin. Wyoming, Utah, Col
orado, New Mexico, Nevada, Cali
fornia and Arizona, and when rat
flied by the Congress. will provide
an equitable distribution of the riv-
er's waters to these states. That
the pact is not in effect at this time
is due primarily to Arizonas failure
to ratify at a time when all others
had don so. Subsequently how
ever, California amended her orig
fnal endorsement, thus presenting
an additional obstacle.
How vitality necessary to the well
fare of the states concerned is such
a treaty is illustrated by Wyoming's
case. At the fnstigation of Senator
Kendrick, when governor of Wyom-
ing, an investigation by the state
engineer in cooperation with the
Bureau of Reclamation in 1915 re-
vealed that in the Green River ba-
sin. Wyoming. there are nearly one
million acres of irrigable land. Just
now, Wyoming, is not in a position
to go ahead with the development
of this land, but the time will come
when 1t will be in n position to do
SO. And right there is the trouble
for the Supreme Court has held that
priority in the use OF water consti-
tutes priority of rights without re-
gard to state lines. Which means
that If Wyoming were to allow
states further down the river to use
at this time water that Wyoming
contributes, but which she will not
need for some time, hat when the
time does come that she wants to
develop her irrigable land. the low
er states through the doctrine of
priority of use will have established
title to the water. Thus Wyoming
would be without authority to tap
her own streams and would be fore
ed to forgo development of her
lands.
That the controversy has come to
a head within the past few months
and that determined efforts are now
being made by both factions to get
somewhere" is the result, among
other things of the Federal Power
commissions recent refusal to n
ton development in the lower ba-
sin at least until every reasonable
effort has been made by the states
of the lower basin to compose
their differences and agree among
themselves on a distribution of the
rivers waters. The action of the
Power Commission was in keeping
with the plea of the northern states
that no development in the lower
basin be permitted until the pact is
signed and the future water rights
of the several states safeguarded
once and for all.