The Coconino sun., 1926-12-31
WHAT ARE ARIzoNA's RIGHTS?

While Imperial Valley towns are rejoicing over
the news that the house irrigation committee has
reported the Swng-J Johnson bill authorizing con-
struction of flood control, irrigation and power
dam at Boulder canyon, on the Colorado river,
Arizona is wondering if her hand is to be forced
for final showdown. In others words, is the
Colorado river lost already, so far as Arizona s
plans are concerned?
There is no need reviewing the history of dis
cussion over the muddy waters of the river, a
discussion that has been almost as muddy as the
water itself.
Arizona refused to ratify the seven-state COM
pact on the grounds that it was unfair to her
in the division of lower basin water Many opin-
ions have been written as to Arizona's ultimate
rights, among them that of John Mason Ross and
James S. Casey, Bisbee attorney, who wrote in a
letter to The Star last April that 1T must be
frankly admitted that the Colorado river, so far
as its development is concerned, has been with
drawn by the nation from the sovereignty Of the
state of Arizona and must be regarded as ma
tional asset
The opinion also said:
'"The whole question is this: If the state of
Arizona has certain rights, those rights should
be safeguarded. They cannot be safeguarded un-
til they are ascertained. IF adoption of the (Santa
Fe) pact as written involves accomplishment of
those rights, and delay does not work greater
prejudice to the state rights, then we ought to
withhold adoption until the river freezes at
Yuma
"On the other hand, if the best interests of the
state are to be subserved by the adoption of the
pact, and such adoption does not involve re-
linquiShnent Of state rights, and furthermore It
is the only way in which development of the river
may be brought about, then we ought to adopt
the pact forthwith.
"As for the right of taxation, it is not to be
controlled by the compact, but rather by the at
tributes of dual sovereignty fixed in the constitu-
ton of the United States and the constitution of
Arizona. Whatever right of taxation the state
has, cannot be changed by the adoption or re-
lection of the pact.
"That this statement may not be popular one
within the state of Arizona must be admitted by
any far-minded person to be entirely beside the
question. When an individual finds himself in
voved in legal controversy and consults law
yer, he expects and is entitled to straightfor-
ward statement of what his rights are. Arizona is
entitled to the same kind of legal advice"
Arizona has been in the position of man who
needed an attorney but who preferred to argue
his case for himself. Now that the chances are
large that the case will go to court, he must en-
ploy an attorney to help him make a last stand
for his rights-f he has any. And that if should
be capitalized.
Of course Arizona will always feel that it has
tried to negotiate with its sister states California
and Nevada Arizona will feel, too that California
has been unreasonable in her demands, just as
California undoubtedly thinks Arizona has been
unreasonable. But the fact remains, that in not
reaching an agreement, the chances that Arl-
zona's plans and hopes would be overrldden, have
grown with the passage of each year of inactivity
and delay The time has come now, or is nearing
when a Republican administration, urged on by
the Republican congressman from neighboring
states, is determined to put the Swing-Johnson
bill through congress
Congressman Carl Hayden, who delayed the
bill once this year and Senator Ashurst are in
Washington virtually with their back to the wall.
From the President down, the Swing-Johnson
bill has been met with favorable reception.
The administration has come to the point where
it believes that if the river basin states cannot
agree among themselves, that the senate and
house will agree for them.
Should the bill pass, there still remains the
long drawn out process to determine whether the
bill is legal and whether Arizonas rights are be-
ing taken away from her. In the meantime, Ari
IONA should bend every effort to reach an
agreement with her neighbors; and those carry
ing on negotiations in Los Angeles may rest as
sured that Arizona is with them in repulsing
Californa's excessive demands.
There remains, however, an official answer to
the question: What are Arizona's rights p
Tucson Star.