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12 Ca l i f o r n i a ’s s t a k e i n t h e C o l o r a d o r i v e r The compact commission was organized in January, 1922. It held numerous meetings which culminated in the signing of the Colorado River Compact at Santa Fe, New Mexico, on November 24, 1922. The Colorado River Compact, sometimes referred to as the “ Santa, Fe Compact,’ ’/did not apportion the water between the several states of the basin as originally contemplated. It did and does, however, apportion the water between what are designated therein, as the Upper and Lower Basins with the dividing point at Lee Ferry. ? Briefly, the compact. (Article III) apportions from the Colorado River System (defined as the. Colorado River and its tributaries within the United States), in perpetuity to each basin for beneficial consumptive use, 7,500,000 acre-feet of water annually, including all water necessary to supply any rights “ which may now exist.” . In addition, the Lower Basin is given the right to increase its beneficial consumptive use by 1,000,000 acre-feet per annum. It also provides that if, at some future time, a treaty is executed between the United States and Mexico covering Mexico’s rights to ' Colorado River System waters, such waters shall be supplied first from the: surplus over and above the foregoing specified quantities to the .Upper and Lower Basins; and if such surplus should prove insufficient the burden of such deficiency should be borne equally by the Upper and Lower Basins. It further provides that the states of the Upper Division (defined as Colorado, New Mexico, Utah and Wyoming™“ will not cause the flow of the river at Lee Ferry to be depleted below an aggregate of 75,000,000 acre-l'ect for any period of 10 consecutive years * * It also provides that further equitable apportionment may be made aftany time after October 1, 1963. There are several other important provisions of the compact. Article V.III declares that present perfected rights to beneficial use of water are unimpaired by the compact; and provides that whenever a storage capac­ity of 5,000,000 acre-feet shall have been provided on the main Colorado River for the benefit of the Lower Basin, then claims of such rights by appropriators or users in the Lower Basin against appropriators or users in the Upper Basin “ shall attach to and be satisfied from wafer that may be stored not in conflict with Article III. ’ ’ Article X I of the compact provides that it shall become binding and obligatory when it shall have been approved by the legislatures of each of the signatory states, and by the Congress of the United States. , In 1923 the.legislatures of all of the basin states, except Arizona, ratified the compact as signed by commissioners of all seven states. The California Legislature in 1925 adopted the so-called “ Finney” resolu­tion, making California’s ratification effective When a storage reservoir of 20,000,000 acre-feet (instead of 5,000,000 acre-feet as provided in Ca l i f o r n i a ’s s t a k e i n t h e .Co l o r a d o r i v e r 13 the compact) had been authorized. The State of Arizona continued its refusal to ratify the compact until 1944 when its legislature gave its-approval. Swing-Johnson Bill The initial legislation in connection with further development on the Colorado River was the so-called Kettner Bills which were intro­duced in 1919 and 1920 but failed, to come to a vote. These sought only to authorize the construction of the All-American Canal, but were the forerunner of the larger Boulder Canyon Project. Tlie first bill providing for the authorization of the Boulder Canyon Project was introduced in April, 1922, by Congressman Phil D. Swing and Senator Hiram W. Johnson, and became known as the first Swing- Johnson Bill. The bill:was amended and reintroduced;'in subsequent years during its consideration by Congress. Thehfourth and final bill was introduced on December 5, 1927. Before it was finally passed by Congress and approved on December 21, 1928, it was substantially amended. It is of particular importance to note that, in order to secure its passage it was necessary for California through its representatives to agree to a limitation of its use of water from the Colorado River. Boulder Canyon Project Act The Boulder Canyon Project Act propded for the construction of a storage dam and power plant at Black Canyon Or Boulder Canyon of not less than 20,000,000 acre-feet capacity, and the All-American Canal. It authorized construction to be started when the Secretary of the Interior had executed contracts tor sale of water and power, which would assure repaying the entire cost of the dam and power plant with 4 percent interest together with operation and maintenance expenses, etc,, and repayment without interest of the cost of the All-American Canal under the provisions of the Reclamation Law. It provided that there, should be no .charge for wuter Or for the use. storage, or delivery of water for irrigation arid domestic use in the Imperial and Coachella Valleys.. ? One of the most important provisions of the act is Section 4 (a ) which is the subject of much, discussion. It relates to the California limitation previously referred to. Because of its importance and the frequent reference! thereto, the pertinent portion of it is quoted in full as follows;: Sec. 4. (a) This; act Shall not take effect and no authority shall be exercised hereunder and no work shall be begun and no moneys expended on or in connection with the works or structures; provided for in this act, and no water rights shall be claimed or initiated hereunder, and no steps shall be taken by the United States or by