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Silver Fox of the Rockies - Delphus E. Carpenter and Western Water Compacts (Hardcover, New)
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Silver Fox of the Rockies - Delphus E. Carpenter and Western Water Compacts (Hardcover, New)
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Delphus E. Carpenter (1877-1951) was Colorado's commissioner of
interstate streams during a time when water rights were a legal
battleground for western states. A complex, unassuming man as rare
and cunning in politics and law as the elusive silver fox of the
Rocky Mountain West, Carpenter boldly relied on negotiation instead
of endless litigation to forge agreements among states first,
before federal intervention. In Silver Fox of the Rockies, Daniel
Tyler tells Carpenter's story and that of the great interstate
water compacts he helped create. Those compacts, produced in the
early twentieth century, have guided not only agricultural use but
urban growth and development throughout much of the American West
to this day. In Carpenter's time, most western states relied on the
doctrine of prior appropriation--first in time, first in
right--which granted exclusive use of resources to those who
claimed them first, regardless of common needs. Carpenter feared
that population growth and rapid agricultural development in states
sharing the same river basins would rob Colorado of its right to a
fair share of water. To avoid that eventuality, Carpenter invoked
the compact clause of the U.S. Constitution, a clause previously
used to settle boundary disputes, and applied it to interstate
water rights. The result was a mechanism by which complex issues
involving interstate water rights could be settled through
negotiation without litigating them before the U.S. Supreme Court.
Carpenter believed in the preservation of states' rights in order
to preserve the constitutionally mandated balance between state and
federal authority. Today, water remains critically important to the
American West, and thegreat interstate water compacts Carpenter
helped engineer constitute his most enduring legacy. Of particular
significance is the Colorado River Compact of 1922, without which
Hoover Dam could never have been built.
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