Show ARIZONA TO FIGHT COLO RIVER DAM Hayden Charges Measure Conflicts With the State Laws Supreme Court Appeal Planned v WASHINGTON Jan 12 United The Press state of ArIzona will vIll appeal to the United States supreme supreme su- su preme court to prevent construction construe construe- tion of the proposed dam on the Colorado rIver at Boulder or Black can canyon on If if the Swing Johnson bill billIs billis Is approved by congress Hayden Democrat ArIzona declared In a minority report submitted submitted sub sub- to the house toda today Hayden claimed the bill was vas unconstitutional unconstitutional un- un constitutional and In conflict with state laws respecting the appropriation appropriation of waters by the federal gov- gov For the first time in the history of federal Irrigation and water waterpower rower power legislation Hayden said congress by this bill proposes to assert the right of tile United States to appropriate water for the generation of h hydroelectric power and for irrigation and domestic purposes regardless of state law The avowed object of the bill Is to use the power of the federal government government gov- gov to seize the waters of the Colorado In defiance of the state ot of Arizona I VIOLATES LAW The bill violates the law as established established es- es b by the constitution or laws Jaws of all states of oC the arid west and the cons r of congre congress that h. h leright to Vat appropriate water t f for r I an end o other l er cIa dat be ined from the state and d the federal government It not g.-not within the power ot congress or the legislatures of the six states to divide and apportion the waters of the Colorado rivet river and its tributaries in which seven states are interested as proposed In Inthis inthis this bill bilI Such apportionment can only be acco accomplished by a decision of the supreme court or by a complete corn com agreement among the seven states and the United States Utilization of the resources of the Colorado Hayden said such magnitude and importance that Initial Ini- Ini development de should be undertaken undertaken under under- taken foi fo the combined purposes of flood control irrigation and power To avoid waste and mismanagement mismanage mismanage- ment whIch he said are to be found Cound In the conduct of large operations Ope op- by the government Hayden Hayden Hay Hay- den recommended creation of a a. Colorado rIver authority similar to i the port of New York authority The enactment of this bill Hay Hayden enc said can only res' res result It in protracted interstate litigation ove Colorado river water rIghts In self defense Arizona will be compelled corn com to file a suit in the supreme court restraining construction of the dam until the rights of that state in and to the Colorado river are determined SCORES MEASURE Hayden attacked the financial features of the bill lill claiming authorIzation authorization au- au was made for Cor an expenditure ex- ex of of federal funds whIch had not been passed on by the budget lIe said the bill bilI falsely purports to authorize construction construction con con- of another federal Irrigation Irrigation tion project This Is pure camouflage because in truth and in fact the primary purpose of the bill Is to provIde for fora a government hydroelectric power lOWer project Hayden said flood control was only an Incident to the maj poses of the bill bilI and that adequate protection against floodS In the Imperial and Yuma valleys could be secured for less than one one- third of the sum authorized The requirements o 0 Los Angeles An S geles and other coastal cities for additional water for domestic do- do mestie uses do not justify pass passage ge of this bill The present hether it shall be farming land In ArIzona or in California which must go dry In orl r that th j opIe o.- o. o- o pIe of the southern Calif rilia coastal cities may have rl zona insists that it is unnecesSary to tale talce any water from the c Jo- Jo rado because water of better quality to supply can be o obtained at less from the drainage of Owens river and Mono lake lale on the Continued on page 4 ARIZONA TO FIGHT COLO RIVER DAM Continued from page 1 eastern slope of the Sierra Nevada mountains in California Coolidge Asked To Seek Aid for Bill W Jan 12 AP- AP The California house delegation with wilh representatives from four Southwestern states but not including in- in Arizona called upon President dent Coolidge today to solicit his help to secure final passage of the Colorado river project at this session session ses- ses sion of congress Chairman Smith of Idaho chairman chairman chair chair- man of the house irrigation committee commit commit- tee informed President Coolidge of the present st status of the legislation If the Swing Johnson bill now pending in congress cannot be amended or redrafted to fully protect protect pro pro- Utah In her rights to water from the Colorado river rier system the subcommittee of the governors governor's advisory advisory ad- ad committee r recommends commends II Utah's withdrawal al from the six six- state Colorado river compact This is contained in hi a majority report filed Tuesday afternoon A minority minority minor minor- ity report will also be filed containing containing con con- the additional recommendation tion that the state six compact be immediately repealed and the seven seven- state compact amended in that part which renounces the commercial navigability of the Colorado river Governor Dern in his message to the legislature touched upon the latter phase of the question when he questioned whether renouncing the navigability of the stream would not also relinquish Utah's right to title to the bed of the stream The subcommittee which prepared prepared pre pre- pared the reports includes Malcolm MalcolmA A A. A Ie Keyser ser chairman A A. A W V Ivins S S. S II Love W. W W. W Armstrong C. C W. W Morse and W. W W. W Ray with William WilliamR R R. R Wallace Vallace Colorado river rier commissioner commissioner commis- commis as officio ex-officio member It Itis is expected that a meeting of the general committee will be held Thursday to consider the reports In detail The majority report prepared Tuesday follows Your committee in view of Arizona's Arizona's Ari- Ari zonas zona's to the seven seven- state pact and of California's qualified fled fied adherence to the state six pact considers that Utah has the moral and legal right to withdraw Its adherence adherence ad- ad to both pacts unless in its opinion the Swing Johnson bill as now drawn fairlY protects the rights of the tate state of Utah to the waters and the bed of the Colorado river I 1 That the rights or of the state of Utah or Utah and the upper basin states in the waters of the Colorado river and its tributaries be so fixed that prior use of such waters by lower appropriators shall not diminish such rIghts 2 That the right of the state of Utah to that part of the bed or of orthe the Colorado river lying within its boundaries be confirmed 3 That the rights of the Mexican Mexican can government in the waters of the Colorado river be determined at the earliest possible date 4 During any period when the state of Utah is not actually using its fixed proportion of the waters of the river such uch unused waters may be used by any other state but such use shall not be construed as asan asan an abandonment by the state of Utah or ripen into a right of use usein usein in the state ot of Its citizens using such excess The state using such excess shall pay to the state or states owning such excess a fixed consideration for such use 5 When the United States has been repaid all money advanced by It for the development of any project project pro pro- on the Colorado river together With interest thereon then title to said development shall be i hi the state Or states to which the power power- sites and the water belong and an all funds accruing from said development development develop develop- ment after atter such repayment shall be used for the development of the usable possibilities of the Colorado river and its tributaries the states lying within the Colorado river basin 6 That the sum of approprIated appropriated ap- ap by the Swing Johnson bill shall shaH be used to gather data as to possibilities of development on the Colorado river and Its tributaries tributaries tribu- tribu for irrigation domestic and power purposes throughout the entire entire en- en tire Colorado river basin 7 That Irrigation or power bower developments developments de- de whether on state federal federal fed fed- eral or private lands may be taxed by the states in which they are situated 8 That all electrical power produced produced pro pro- I by any Installation built by money advanced ad b by the United States shall bl ho sold on a competitive tive basis to the end that the moneys moneys mon mon- eys advanced by the United States and the interest theron shall be repaid at the earliest date possible 9 Fifty years sh shall ll be th limit of time of any contract for the sale of electrical power and such contract contract con con- tract shall not carry the rIght of renewal in the the purchaser of such power 10 The United States shan shall not sublet to any person or persons association association as- as or private or municipal corporation the right to construct constructOr Or operate power plants provided for in the Swing Johnson bill Your subcommittee suggests that if the mentioned above reservations reserva reserva- in your opinion protect the rights of the state of Utah a committee com coin of not less than three members members mem- mem bers may be appointed by the governor governor gov- gov of the state of Utah to proceed proceed pro pro- to Washington D D. D C. C to learn whether the Swing Johnson bill can be so amended as to be satisfactory to the state of Utah Said committee committee com com- shall report back to the governor governor gov- gov of the state of Utah and If the said Swing Johnson bill cannot be satisfactorily amended then your committee respectfully recommends recommends mends to the governor and the legIslature legislature leg leg- of the state of Utah the Immediate immediate Im- Im mediate repeal of the enactment of the state of Utah giving its adherence adherence ence to the Colorado river com com- pact W V W V Armstrong who represented represent represent- ed a minority favored the immediate immedi- immedi ate repeal of the state six pact and a part of the state seven pact He offered a resolution as follows Resolved that we recommend to the general committee that it recommend recommend rec- rec to the governor of the state of Utah 1 Immediate repeal of the six six- state pact j 2 The immediate repeal of that part of the state seven pact relating relating re- re lating to the bed of th the stream 3 Continuation of this gen general ral advisory advisor committee Mr 1 Armstrong urged the adoption adoption tion of this resolution and after some discussion it was voted down his vote being the only one recorded in Its favor CHEYENNE CHEYE Wyo Jan 12 AP Utah will be acting a bit hast hasty in his opinion if it passes the bill introduced ed in the state senate b by Senator Herbert S. S Auerbach to annul annul an- an nul Utah's ratification of the six six- state compact ratified In 1925 Governor Governor Gov- Gov Frank C. C Emerson said Tuesday Tues Tues- day Likely It t is the Idea of the senator senator sen- sen ator and Governor Dern to stand by bythe b the state seven compact said Governor Gov- Gov Emerson ut clauses of the Swing Johnson bill which is now before congress covering the six six- state agreement apparently give us ample protection The Wyoming legislature has ratified both agreements and it will willbe be my advice to that body to to keep both of them RENO Nev Jan 12 Gov AP Gov AP-Gov- Fred B. B Balzar declined to comment on the bur bill introduced Monday in the Utah crenate enate annulling annulling ing Utah's ratification of the six six- state compact The governor expressed expressed ex- ex pressed surprise that such a bill should be introduced He said he would withhold comment until he had receIved a report from True his personal representative at the Colorado river conference held r recently at Los Angeles 1 SANTA FE N M. M Jan 12 AP The state legislature Tuesday made no comment whatever on the proposed annulment of the Colorado river compact b by the Utah legislature legisla- legisla ture Governor Dillon said that In Inthe inthe the press of the opening day of the legislature he had not h had d time timeto to give the matter consideration n PHOENIX PHOE Ariz Jan 12 AP- AP Arizona will continue to oppose passage by congress of the Swing Swing- Johnson bill It was determined today today to- to day at a conference between Goyer- Goyer nor George Hunt and members of the joint house and senate Irrigation irrigation tion committee of the Arizona legislature legis- legis lature The committee at Its meeting meeting meet meet- ing today decided to send a delegation tion to Washington to oppose the I bill |