page 72


page 72
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72Mr. BANNISTER. Those are exempted and protected by the terms of the Colorado River compact.Mr. HAYDEN. But if water is to be furnished to any Indian lands from the Boulder Canyon Reservoir you would want to have such appropriations of water made subject to the compact?Mr. BANNISTER. I am glad you asked that question. That is one thing I failed to make clear.I think that any present uses down there can not, as against their owners, be in any wise interfered with by this storage in this project. In other words, if the owners of those present used rights want their water to have no connection with this project but to flow through it, they would have the right to do so. It would be only the additional or new water uses which this project imposes on the river that could be subjected to the project.Mr. HAYDEN. In the vicinity of Needles there is a reservation created for the Mojave Indians. In that area there might be irrigated some fifty or sixty thousand acres of land in Arizona below the Boulder Canyon Dam.There is, near Parker, another area in an Indian reservation, where over 100,000 acres might be irrigated, and in accordance with the decision of the Supreme Court in the Winters case the Federal Government claims the right to all the water necessary to irrigate that land, regardless of any State law. That is the position of the Indian Bureau. Would you limit that right to uses under the Colorado River compact?Mr. BANNISTER. Whether the compact would be made to affect that right or not I do not know. I am inclined to think that a compact could be made to affect that and similar rights, but at any rate they are not being affected, because the Colorado River compact itself expressly exempts Indian rights, and the Indians are perfectly safe.Mr. HAYDEN. If the six-State compact is approved it would be binding only upon the six States. You do not seek in any way to extend its terms over the seventh State which fails to approve?Mr. BANNISTER. Not at all.Mr. HAYDEN. And in postponing the appropriations for this project, the postponement only runs until the six States have approved it, and not the seventh?Mr. BANNISTER. That is right.Mr. HAYDEN. If six States make an unqualified ratification, without reservation of any kind, then under the appropriations authorizedin this bill----- Mr. BANNISTER (interposing). They may go ahead.Mr. HAYDEN. The work may proceed. As to confining the use of water to the States which ratify, I would like to ask, as a practical proposition, how could Congress prevent citizens of the State of Arizona from using the water of this stream if they so desired?Mr. BANNISTER. Assuming that Arizona does not ratify?Mr. HAYDEN. Yes.Mr. BANNISTER. The Federal Government, as I conceive it,. becomes the great appropriator of the water, and just as any carrying concern may have its consumers, so the Federal Govern-

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