Page 10

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Title
Page 10
Source
Colorado River question
Is Part Of
http://digital.library.unlv.edu/u?/dig,8
Full text
10________________________________________________________________________ The following resolution dealing with the subject of the rights of the states with reference to POWER, was adopted at Denver, Colorado: RESOLUTION OFFERED BY SENATOR KEY PITTMAN Adopted at Seven States' Conference on the Colorado River at Denver, October 4, 1927, by affirmative votes of Arizona, Colorado, Nevada, New Mexico, Utah and Wyoming; California not voting. WHEREAS, It is the settled law of this country that the ownership of and dominion and sovereignty over lands covered by navigable waters within the limits of the several states of the Union belong to the respective states within which they are found, when that can be done without substantial impairment of the interests of the public in the waters, and subject always to the paramount right of Congress to control the navigation so far as may be necessary for the regulation of commerce with foreign nations and among the states, and whereas; It is the settled law of this country that subject to the settlement of controversies between them by interstate compact, or decision of the supreme court of the United States, and subject always to the paramount right of Congress to control the navigation of navigable streams so far as may be necessary for the regulations of commerce with foreign nations and among the states, the exclusive sovereignty over all of the waters within the limits of the several states belongs to the respective states within which they are found, and the sovereignty over waters constituting the boundary between two states is equal in each of such respective states, and whereas: It is the sense of this conference that the exercise by the United States government of the delegated constitutional authority to control navigation for the regulation of interstate and foreign commerce does not confer upon such government the use of waters for any other purposes which are not plainly adapted to that end, and does not divest the states of their sovereignty over such waters for any other public purpose that will not interfere with navigation: THEREFORE, BE IT RESOLVED, That it is the sense of this conference of governors and the duly authorized and appointed commissioners of the states of Arizona, California, Colorado, New Mexico, Nevada, Utah and Wyoming, constituting the Colorado River Basin states, assembled at Denver, Colorado, this 23rd day of September, 1927, that: The rights of the states under such settled law shall be maintained. The states have a legal right to demand and receive compensation for the use of their lands and waters except from the United States for the use of such lands and waters to regulate interstate and foreign commerce. The state or states upon whose land a dam and reservoir is built by the United States government, or whose waters are used in connection with a dam built by the United States government to generate hydro-electric energy are entitled to the preferred right to acquire the hydro-electric energy so generated or to acquire the use of such dam and reservoir for the generation of hydro-electric energy, upon undertaking to pay to the United States government the charges that may be made for such hydro-electric energy or for the use of such dam and reservoir to amortize the government investment, together with interest thereon, or in lieu thereof agree upon any other method of compensation for the use of their waters. COMPROMISE DIVISION OF WATER WHICH ARIZONA AGREED TO ACCEPT AT THE DENVER CONFERENCE A conference of the Governors and other representatives of the seven states of the Colorado River Basin convened at Denver, Colorado, August 22, 1927. It was called by the Governors of the upper basin States—Utah, Colorado, New Mexico and Wyoming— for the purpose of making an effort to adjust the differences between the lower basin States of California, Nevada and Arizona, and to bring about the development of the Colorado river. Sessions were held from August 22 to September 1, and from September 19 to October 4. After hearing the presentations of their respective cases by representatives of the States of California, Nevada and Arizona, the upper basin Governors—Dern of Utah, Adams of Colorado, Dillon of New Mexico and Emerson of Wyoming—on August 25— submitted a water division proposal for the consideration of the states of the lower basin,

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