Douglas daily dispatch. [volume] (Douglas, Ariz.) 1903-1961, 1926-06-18
Attorney Warns That
Arizona May Lose Rights
Continued from rage one)

continued from rage OHe)
GARY committee, and there was not
one dissenting voice.
Anticipating the argument of the
equality of states, the speaker said
that equality Of states applies only t..
political rights; and that a federal
water commission was formed to dis
pose Of all federal water rights.
The attorney emphasized that power
has nothing to do with compact, and
compact has nothing to 90 with
power In answer to the often heard
assertion THAT the river belong to the
state,s he showed how ridiculous such
q claim Is by pointing out that the
government controls the Mississippi.
from its source to where it empties
into the gulf.
Tn further explanation of the Colo
RADIO situation, Pickett said that, ac-
cording to the law governing distribu-
ton of water in arid countries, such
as Arizona, the men on the banks own
nothing; the water belongs to the first
Appropriation and he may take it to
exhaustion The theory which is the
basis of this rule is that encourage
ment should be given the man who
settles and develops and not to the
man who trails behind to reap the
benefits of the first mans iabors.
This rule, said the speaker, caused
the necessity of contract among the
states involved, for all states Sin ques-
ton are petty as far as wealth is con-
cerned, except one, and that one, Cali
fornia, is one Of the greatest, if not
the greatest state in the United States
and can divert the Whole river by APP
preparation, for she has the resources
appropriation and take to the exhaus-
tion of the river.
If the river stands in allegiance an
other two years, Arizona will be
fooled, warned the speaker. He add.
ed that congress and the president
know the situation; know that to avoid
exhaustion of the river, and secure
rights to the weaker states, the law
of first appropriation must be avoided.
For that purpose, an agreement by
compact was suggested and a defective
instrument was drawn up. The speaker
drew up a correction while member
of congress. 1t was passed by the
house and senate anG vetoed by the
governor.
The original compact provided that
the 15,000,000 acre feet of water per
annum contained in the river be di-
vided equally Between the upper basin
including Utah, Wyoming, Colorado
and New Mexico, and the lower basin,
including California, Arizona and Ne
vada. 1t provided further that the
lower basin might add million acre
needed. The essence of the compact
is contained in article 8 (a) which
says: "There is hereby apportioned
from the, Colorado river system in per-
petuity to the upper basin and to the
lower basin, respectively, the exclusive
beneficial consumption use of seven
million five hundred thousand acre
fee tot water per annum, which shall
include all water necessary for the
supply of any rights when may now
exist
There are. two things wrong with
the pact, according to the speaker.
The big flaw is that it does not divide
the water among the two divisions;
that is, it does not say how much of
the 1850, 600 acre feet California should
have; how many Nevada; and how
many Arizona. The second flaw is
that the provision includes the waters
of the ella river, which have already
been put to use in the portion of the
lower basin.
Aooor6ipo. +l,o o,ooo1-o.
on the states in the lower division be-
came first appropriation, the othec
states would question the amount that
state could use and no court could de-
eide what proportion each state should
receive.
To remedy the flaws, the speaker
drew up house concurrent resolution,
providing that the waters of the ella
river be excluded from the amount due
the southern branch and that the three
states of the lower basin, by agree.
ment proportion the water among.
themselves in supplement to the orig
inal compact.
House Concurrent Resolution No,
Given the approval or the legislature
of the state of Arizona to the Colo
RADIO river compact, conditioned upon
the approval by the legislatures of the
states of Arizona, California and Ne.
vada, and by the congress of the
congress of the United States of the
| 'lower division states agreement, and
giving the approval of the legislature
of the state of Arizona to said Clover
! division states agreement; fixing the
limit of time within which the said
| lower division states agreement shall
! be accepted; and creating a legislative
commission to be known as the lower
division Colorado river relating to the
! Colorado river with the legislatures of
| tn estates of California and Nevada
and with committees of the congress
of the United States.
/ Be it resolved by the house of rep
resentatives of the seventh legisla-
! ture of the state of Arizona, the SEN
/ alto concurring:
I That the approval of the legislature