Imperial Valley press., 1927-01-12
kR|z0N A:
TO ENLIST
COURT AID
Hayden Says State Will
Oppose Swing Bill in
Supreme Court.
SUBMITS EPO r T
Declares Bill UncOnstitu-
tiOnal and Violation of
States Rights.
by United Press Leased Wire


WASHINGTON, Jan. II. - The
state Of Arizona will appeal to the
United States supreme court to pre-
vent construction of the proposed
dam on the Colorado river at Boul-
der or Black canyon if the Swing
johnson bin is approved by cong
rcss, Representative Hayden, Demo
crat, Arizona, declared in minority
report submitted to the house today.
Hayden claimed the bill was uncon
stitutional and in conflict with state
laws respecting the appropriation of
waters bv the federal government.
40 For the first time in the history
Of federal irrigation and water pow
cr legislation.' Hayden said,
Congress by this bill proposes to
assert the right of the United States
to appropriate water for the genera
ton of hydro electric power and for
irrigation and domestic purposes re-
gardless of state law. The avowcd
object of the bill is to use the pow
or of the federal government to seize
the waters of the Colorado in de
"Thc bill violates the law. rs
established by the constitution or
laws of all of the states of the arid
west, and the consent of congress,
that the right to appropriate water
for irrigation, power and other ben
cficial uses shall be obtained from
the state and not the federal govern
mcnt.
lit is not within the power of
congress or the legislatures of the
six states to divide and apportion
the waters of the Colorado river and
its tributaries in which seven states
are interested, as proposed in this
bill. Such apportionment can only
be accomplished by decision of
the supreme court or by a complete
agreement among the seven states
and the United States.
Attacks Finances
Utilization of the resources of the
Colorado, Hayden said, are of such
magnitude and importance that init
ial development should be undertak-
en- for the combined purposes of
flood control, irrigation and power.
To avoid waste and mismanagement
which he said are to be found i'll
the conduct of large operations by
the government, Hayden recommend.
ed creation of a Colorado river au-
thority, similar to the port of New
York authority.
"The enactment of this bill, y
Hayden said, "can only result i'll
protracted interstate litigation over
Colorado river water rights. In
self defense Arizona will be COM
court restraining construction of the
dam until the rights of that state
in and to the Colorado river are de-
termined.
Hayden attacked the financial
features of the bill, claiming author
ization was made for an expenditure
of $l25, 100000 of federal funds
which had not been passed on by the
budget. He said the bill " falsely
purports' to authorize construction
of another federal irrigation project.
"This is pure camouflage because
in truth and in fact, the primary
purpose of the bill is to provide for
a government hydro. electric power
project.
Flood Control Incidental
Hayden said flood control was
only an incident to the major pur-
poses of the bill and insisted that
adequate protection against floods
in the Imperial and Yuma valleys
could be secured for less than one
third of the sum authorized.
"The requirements of Los Ange-
4