j&ADKAZB&S ar&MMD JWER, COLORADO
EVEN sovereign states of the Union ?
Arizona, California, Colorado, Nevada,
New Mexico, Utah and Wyoming ? have
met in the historic Palace of the Gov
ernors in Santa Fe, have come to an
amicable conclusion regarding the
much-vexed question of the control, dis
position and use of the waters of the
Colorado river and have signed a com
pact which is subject to ratification by
the legislature of each of the seven signatory states
and 'by congress. In so doing these seven states
of the Colorado Itiver basin have ?
Settled by treaty instead of by resort to the
United States Supreme court fundamental and
vitally important interstate rights; \
Settled at small expense within 11 months after
the appointment of the commission a multitude of
disputes that threatened years of litigatiorf block*
ing the development of the Colorado basin ;
Set a precedent in American history;
Taken the first step toward tlve creation of an
empire within an empire, the development of which
taxes the imagination and will affect individual
living from coast to coast.
? The headwaters of the Colorado river, as the
map shows, are in Wyoming just south of YVl low
stone National park, and In northwestern Colorado.
Water (lowing from Milner pass in the Rocky
Mountain National park falls 10.750 feet on it?
course to the sea. The Green and the Grand come
together in Utah to form the Colorado. The Col
orado In Arizona flows through Grand Canyonr Na
tional park. It empties into the Gulf of California
in Mexico. It is nearly 2, (XX) miles in length and
more than a score of rivers contribute their wa
ters. It irrigates and annually menaces with floods
the Imperial and I'alo Verde, valleys In California
and the Yuma valley in Arizona. Its basin totals
242,000 square miles of American territory.
It is no exaggeration to say that the original
contentions of the seven states were so far apart
that an agreement seemed hopeless. But Herbert
Hoover, secretary of commerce, appointed by
President Harding a.A the representative of the '
United States, was there as chairman of the com
mission. .. Enough said ! The compnct has been
signed hy the representatives of the seven warring
states and bears tills: "Approved. Herbert
N Hoover/*
Following Is the official text of the compact,
with the omission of certain technical details not
necessary to a comprehensive understanding of the
whole:
"The States of Arizona. California, Colorado.
Nevada. New Mexico, Utah and Wyoming having
resolved to enter into a compact under the act of
the congress of the United States of America ap
proved August 19, 1021 (42 Stat. L., p. 171), and the
"acts of the legislatures of the said states have
through their governors, appointed as their com
missioners W. S. Norviel, for the State of Arizona :
W. F. McClurc, for the State of California ; Deph
E. Carpenter, for the State of Colorado; J. G.
Scrugham, for the State o'f Nevada'; Stephen ?D.
Pavls, Jr., for the State of New Mexico; R. E. Cald
well. for the Statp of Utnh ; Frank C. Emerson, for
the State of Wyoming, who after negotiations par
ticipated in by Herbert Hoover, appointed bv the
President as the representative of the United
States of America, have agreed upon the following
articles:
"A r rune I. The major purposes or this compact
are to provide for equitable division and apportion
"ment of the use of the waters of the Colorado
river system, to establish the relative Importance
of different beneficial uses of water, to promote
Interstate comity, to remove causes of present and
future controversies, and to swure the expeditious
agricultural and Industrial development of the Col
orado IUver basin, the storage of its waters, and
the protection of life and property from floods.
To these ends the Colorndo River bnsin Is divided
into two basins, and an apportionment of the use
of pnrt of the wnler of the Colorado river system
is made to eacli of them with the provision that
further equitable apportionments may be made.
"Art. II. As used in tlds compact : (A) The term
'Colorado River system* means that portion of th??
Colorado river nnjl its tributaries within the TTnited
States of AmerWa. (R) The term 'Colorado Itiver
basitV means all of the drainage area of the Col
f v
orado River system and all other teiyitory within
the United States of America to which the waters
of the' Colorado River svsteni shall be. beneficially
applied. (C) The term 'States of th? upper divi
sion means the States of Colorado. New Mexico.
Utah and Wyoming. (D) The term 'Sta'es of the
lower division' means the States of Arizona. Cali
fornia and Nevada. (E) The term 'Lee Ferry*
frig
means a point in the main stream of the Colorado
river one mile below the mouth of the Paris river
(extreme southeast corner of Utah). (F) The term
'upper basin' means those parts of the States of
Arizona, Colorado, New Mexico, Utah and Wy
oming within and from which waters naturally
drain into the Colorado River system above Lee
Ferry and also all parts of said states located with
out the drainage area of the Colorado IUver sys
ter which are now or shall hereafter be beneficially
served by waters diverted from the system above
Lee Ferry. (G) The term 'lower basin' means
those parts of the States of Arizona, California,
Nevada, New Mexico and Utah within and from
which waters naturally drain Into the Colorado
River system below Lee Ferry, and also all parts
of said states locnted without the drainage area of
the Colorado River system, which are now or shall
hereafter be beneficially served by waters diverted
from the system below Lee Ferry/ (H*) The term
'domestic use' shall include the use of water for
household, stock, municipal, mining, milling, indus
trial, and other like purposes but shall exclude the
generation of electrical power.
"Art. III. (A) There is hereby apportioned from
the Colorado Itiver system in perpetuity to the
upper basin and to the lower basin, respectively,
to exclusive beneficial consumptive use of 7,700,
000 acre-feef of water per annum, which shall in
clude all water necessary for the supply of any
rights which may now exist. (B) In addition to
the apportionment in paragraph (A) the lower
basin is hereby given the" right to increase its bene
ficial consumptive use of such waters by 1,000.000
acre-fee# per annum. (C) If, as a matter of inter
national comity, the United States of America shall
hereafter recognize in the United States or Mexico
any right to use of any waters of the Colorado
River system, such waters shalj be supplied first
from the waters which are surplus over and above
the aggregate of the quantities specified in para
graphs (A) ahd (B), and if such surplus shall
prove insufficient for this purpose, then the burden
of such deficiency shall be equally borne by the
upper basin and the lower basin, and whenever
necessary, the states of the upper division shal?
deliver at Lee Ferry water to supply one-half of
the deficiency so recognized in addition to that
provided in paragraph (D). (D) The states of
the upper division will not cause the flow of the
river at Lee Fem?\to be depleted below an aggre
gate of 75,000,0(X) aVre-feet for any period of 10
consecutive years reckoned in continuing progres
sive series beginning with the first day of Octo
ber next succeeding the ratification of this com
pact. (E) The states of the upper division shall
not withhold water, and the states of the lower
division shall not require the delivery of water
which cannot reasonably be applied to domestic
and agricultural iftes. (F) Further equitable ap
portionment of the beneficial uses of the waters
of the Colorado River system unapport oned by
paragraphs (A), (B), and (C) may be made In
the manner provided In paragraph (Q) at any
time after October 1, IfHW,' If and when either
basin shall have reached Its total beneficial con
sumptive use ns set out In paragraphs (A) and
(B). (G Is omitted). ?
"Art. IV. (A) Inasmuch as the Colorado river
has ceased to be navigable for commerce and res
ervation of its waters for* navigation would seri
' ously limit the developments of lVa basin. th? use
~LT~
QORCjj? OFTHX CQ&ZRA20
*=w<
of its waters for purposes of navigation shall be
subservient to the um?s of such waters for domes
tic, agricultural and power purposes. If the con
gress shall not consent to this paragraph, the other
provisions of this conipnct shall nevertheless re
main binding. (R) Subject to the provisions of
this conipnct, water of the Colorado River system
may be impounded and used for the generation of
electrical power, but such impounding and use
shall be subservient to the use and consumption
of such water for agricultural and domestic pur
poses and shall not interfere with or prevent use
for such dominant purposes. (C) The provisions
of this article shall not apply to or interefere with
the regulation and control by any state within its
boundaries of the appropriation, use, and distribu
tion of water.
* * * * ? *, *
"Art. VI. Should any claim or controversy arise
between any two or more of the signatory states:
(A) with respect to the waters of the Colorado
River system not covered by the terms of this com
pact. (R) Over the meaning or performance of
any of the terms of this compact. (C) As to the
allocation of the burdens incident to the perform
ance of any article of this compact or delivery of
waters as herein provided. (I)) As to the con
struction or operation of works within the Col
orado River basin to be situated in two or more
states or to be constructed in one state for the
benefit of another state; or (E) as to the diversion
of water in one state for the benefit of another
state. The governors of the states affected, upon
the request of one of them, shall forthwith ap
point commissioners with power to consider and
adjust such claim or controversy, subject to rati
fication by 'the legislatures of the states so af
fected.
"Nothing herein contained shall prevent the ad
justment of any such claim or controversy by any
present method or direct future legislative action
of the Interested states.
"Art. VII. Nothing In this compact shall be
construed as affecting the obligations of the United
States of America to Indinn tribes.
"Art. VIII. Present perfected rights to the
beneficial use of waters of the Colorado River
system are unimpaired by this compact. When
ever storage capacity of 5,000,000 acre-feet shall
have been provided on the main Colorado river
within or for the benefit of the lower basin then
claims of such rights, if any, by appropriators or
users of water In the lower basin against ap
propriators or users of water In the upper basin
shall attach to and be satisfied from water that
may be stored not in conflict with Arthcle III. All
other rights to beneficial use of waters of the Col
orado River system shall be satisfied solely from
the wnter apportioned to that basin In which they
are situated.
"Art. IX. Nothing In this compact shall be con
strued to limit or prevent any state from insti
tuting or maintaining any action or proceeding, legal
or equi fable, for the protection of any right un
der this compact or the enforcement of any of Its
provisions. | ,
"Art. X. This compact may be terminated at
any time by the unanimous agreement bif the signa
tory states. In the event of such termination all
rights established under it shall continue unim
paired.
"Art. XI. The compact shall become binding
and obligatory when it shall have beeri approved
by the legislature of each of the signatory states
and by the congress of the United States."
"The big thing about the Colorado river compact,"
says Secretary Hoover, "is that it bjreaks the
blockade on development of the whol|e river. It
allows us nil to go ahead wltii river development
and w ith flood protection to the Imperial and
Yuma valleys.
"The first step Is to settle the controversy be
\ tween the upper and lower districts of the Col
orado basin. There can be no development until
that is settled. Ratification by the -states of the
pact agreed upon by the Colorado River commis
sion will speedily accomplish this. If the matter
is forced into the Supreme court it may require
years. ' .
"Yet, behind nil the precise and commonplace
language of this compact lies the greatnesp and
romance of the West, the building of a million
more homes out under the blue sky in security and
good will."
While the commission made no recommendation
concerning the site of the dam. Mr. Hoover said
he favored its construction at or near Boulder
canyon. This Is below the Grand ^anyon and
close to the line between Arizona and Nevada.
The annual flow of the Colorado about 20,
,000,000 acre-feet. One-third of this is now used.
RESOLUTION IN BOTH HOUSES
DIRECTS LEGISLATIVE
INVESTIGATION.
WILL INTRODUCE GAME LAW
* '
j
Frank Ray Prceents Bill to Repeal
Marriage Health Certificate
Law of 1921.
? Raleigh? Introduced in both houses
of the general assembly was a resolu
tion directing an investigation, by the
printing committees of both bodies,
of the printing contracts made by the
state department of labor and print
ing, and of charges which the reso
lution alleges were made by Edwards
and Broughton Printing Co., of Raleigh,
one of the five state printers, to the
effect that the state work had been un
fairly allotted.
This resolution was introduced by
Senator A. E. Woltz. of Gaston county,
and Representative J. Jl Sherrill, of
Cabarrus county, both explaining that
- it was at the request of M. L. Shipman,
commissioner of labor 'and printing
It asks for an inquiry to discover
whether any state official or employe
has been guilty of "unethical or im
proper conduct," in management of
the state printing contracts. Preced
ing the introduction in the house of
this resolution, Representative Neal,
of McDowell county, had introduced a
resolution calling for "investigation of
the state printing.'"
Representative J. Frank Ray of Ma- I
con county, would seek to repeal t^e
laws of 1921 which require a medical
certificate before the issuance of a
marriage license. Representative T.
E. Owens, of Sampson, would require
the listing of separate stocks by indi
viduals. Nine additional house com
mittees were announced.
Following are listed the nine ad
ditional committees appointed by the
house, together wth their chairmen:
Printing. John B. Sherrill, of Ca
| >arrus county.
Public service corporation, M. Leslie
Davis, of Carteret county.
Oyster industry, Charles H. Grady,
of Dare county.
Deaf and dumb, L. A. Nowell, of
Bertie county.
Caswell training school, T. E. Whita
ker. Guilford county.
Public roads and turrtpiker, Clay
ton Moore, of Martin county.
Education, H. G. Connor, Jr., of
Wilson county.
Finance, R. A. Doughton, of Alle
gheny county.
Appropriations, W. N. Everett, of
Richmond county. * -
Proposed legislation to be offered In
the lower house by Representative J.
E. L. Wade of New Hanover will apply
local option to free text books and pro
vide far-reaching supervision and pro
tection of all birds and wild animals
In the State under the administration
, of a game commission and a State
Game Warden.
< In his law providing for free text
books Mr. Wade would give the trus
tees or committeemen of each school
district the authority to provide funds
for purchasing such books as may be
needed in the schools under their juris
diction through the .appropriation of
local funds. It removes the burden
from the State treasury and places it
entirely on local' resources.
In his game law Mr. Wade wOuld
provide for the dissolution of the old
Audubon society and the establishment
of a game commission ,of three mem
bers appointed by the Governor with
power to elect a State Game Warden
who in turn has power to appoint local
game wardens for the enforcement of
all game laws.
Drastic powers are given in the bill
to the Game Warden including au
thority to amend or change the sched
ule of open seasons which are provid
ed in uniform scale for the entire State
in the bill. He will also have power
to enforce the provisions of the meas
ure governing the number of various
game birds and animals that may be
taken by a hunter in one day.
Regulations are also included as to
the site and types of traps and snares
that may be set for birds and beasts
with the provision that anybody sea
ting a bear trap must post notices of
its location in three public places.
Hunting wild geese and other water
birds from airplanes is prohibited.'
Some bird3 are outlawed in the
bill and prices set on their heads,
County Commissioners may pay ^0
cents a head for chicken hawks but
none for sparrow hawks. Guns larger
than ten gauge for hunting are pro
hibited and in hunting deer the crea
ture must be not taken in water that
reaches above its knees.
- in *
New Corporations.
Charters were filed with the Secre
tary of State for the following cor
porations to do business in North Car
olina:
Payne's Auto Works, of Charlotte,
with $25,000 authorized capital and $1.- j
500 subscribed by A. M. .Marshall, R. J
N. Payne and J. Ralph Rone, all of j
Charlotte.
Autorac Co., of Winston-Salem, with
$300,000 authorized capital and $500
subscribed by A. H. Holl's. of Winston- j
Salem; Lester Puliiaui and M. A. Hod- '
gin, all of Winston-Salem.
Stata Farm Loan System F?roposecj
What Is regarded by the author rj
vital relief for the small farmer .. n .
a,uractical means of meeting the i< ,
ant problem and encouraging inr< ;
sive farming, is proposed in a hill p.
vided for a State Farm Loan Come,
sion to lend money for the pur< !. <
of land from a bond issue of $2,r><u. ??n.
offered in the Senate by Senator \> r
Giles, of McDowell.
"There is no reason why any persnr
in North Carolina should ever eat
head of lettuce or anything else grown
Jn Florida and my bill will put a stop
to all that" declared Senator Giles
Fruit orcherds in the West and
truck farms in the Piedmont and
Eastern sections of the State are th*
dreams of the Senator from McDowell
and he is prepared to make the fi^ht
of his life to see them enact. d into
-I law and his career has given him ,1
reputation as one of the hardest !nd
j most effectivce fighters in either
braDch of the General Assembly.
"Do you think the bill will pass?'"
j he was asked, "I know it will," was the
confident reply.
j Senator Giles proposes a commis
j sion of which the Commissioner of Ag
riculture shalf be ex-officio ci.aliman
j and the State Treasurer ex-officio sec
i retary, with three other members to
be appointed by the Governor. Loans
would be restficted to farms of no!
less than 50 nor more 'than 100 a r"s
i and loans would bear interest at a
of one and one-fourth per cent greater
| than interest paid on the bonds issued
| by State- and loans would be payable
in 18 annual installments, the first fall
ing due two years after the date of
issue and all of them becoming pay
able upon the forfeiture of anyone.
The machinery further provides for
a loan association in each county com
posed of the clerk of the superior
court, the chairman of the board of
county Commissioners anfrtthe chair
man of the board of 'education. This
body would pass on all applications of
loans arising in its county and only
loans approved by it would be submit
ted to the state boardi
Senator Giles has an open mind on
amendments to his measure, though
he will insist upon the main idea. Al
ready, he is preparing an amendment
pro'/iding a scheme for even closer
co-operation with the extension bureau
of the department of agriculture than
would be assured by- making the Com
missioner of Agriculture the head of
the board. Under this plan, the ex
tension service would be charged
with the duty of makkig investigations
of the , character of farming best de
signed for the agricultural improve
ment of each section of the state and
these recommendations may be written
in to the regulations governing loans,
so that only farmers intending to us-a
improved methods and raise crops
suitable to the localities in which they
live will be given the preference in
securing loans.
"This bill, which s!mf)ly means that '
the state pledges its credit to the re
lief of the farmer, will mean that in
two years from 1,000 to 1,200 farms
can be bought and after that payments
will begin coming in and the board
will have a revolving fund that will do
incalculable good," stated the Senator
from McDowell. Senator Giles thinks
that the additional one and one-fourth
per cent provided in his bill will be
sufficient to pay the expenses of the
board after the first two ye&rs.
Other Bills Proposed.
Abolition of the death penalty and
exemption of service men from poll
tax were embodied in short measure*
presented by Representative T. E.
Owens, Republican, of Sampson. The
prohibition bill offered by Representa
tive Grist, of Caldwell, provides that
the first conviction for making or
selling liquof shall be classed as a
misdemeanor, punished by a fine of
$100 to $1,000, or imprisonment for
not less than six months.
Second offenses carry no fine, but
imprisonment for not, less than tine
! nor more than three years at hard la
bor in the State Prison. Third and
I ' '
subsequent convictions carry a penalty
of not less than three nor more than
15 years penal servituro. Under ;?
like schedule of penalties, persons ar
rested for drunkenness and refusing
to disclose the source from which li
quor was obtained, shall be punished
as makers or sellers of liquor.
Other State-wide measures provide
the requirement that every motor ve
hicle shall come to a full stop before
crossing a railroad and another to
provide similar safeguards for public
ferries, another that will require hor.^o
drawn as well as motor drawn vehicles
to carry lights while traveling the
public roads at night, and the measura
proposed by the Women's organization *
of the State making the unsupported
testimony of a woman sufficient for
conviction in seduction cases.
Senator Jones, of Warren. Is sponsor
for a bill to abolish in all counties
where the clerk of the Superior Court
is on a salary the ten cent fee for juror
witness tickets now charged by clerks.
The item is a considerable one in
some counties, amounting to aboue
$750 a year in Wake county.
A. M. Kistler Will Succeed McBee.
Coventor Morrison accepted the res
ignation of John C. McBee, Republican
Highway Commissioner from the
Eighth District, effective February 1,
and as his successor, appointed An
drew M. Kistler, a business man of
Morganton and a Republican. !Th*
name of Mr. Kistler will be sent to the
Senate immediately.
The letter of resignation which wa? i
iddressed to Governor Morrison af?er
Mr. McBee had resigned in person ot
the Mansion, was made public of
the Governor.