Delph E. Carpenter

Delph E. Carpenter (1877-1951) was a lawyer, state senator, and interstate streams commissioner. He had lasting impact on Colorado and the western United States through his concept of river compacts. Carpenter persuaded other states to negotiate the first interstate river-sharing agreement. He was attempting to secure Colorado’s water supply for future generations and to reduce litigation between states. His most significant achievement was the Colorado River Compact. It stands as the foundation of interstate water law in the West.

Lawyer

Carpenter was raised on his family’s irrigated farm northwest of Greeley. He experienced the difficulties of Colorado water issues firsthand. His Union Colony pioneer parents, Leroy and Martha, scratched a living out of the arid land with their three boys: Alfred Bennett, Delphus Emory, and Fred George.

Carpenter graduated from Greeley High School in 1896. He then enrolled in the University of Denver. He earned his law degree in 1899. Carpenter soon returned to Greeley to set up practice. In 1901, Carpenter married high school classmate Michaela “Dot” Hogarty. He raised three daughters and one son with her.

Carpenter had an early interest in water law. However, at first, he accepted any available legal work. His efforts fulfill the legal needs of a growing agricultural town supported his family. In 1907, he took a case defending an accused murderer. He hoped the publicity would boost his career. Carpenter convinced the jury that the accused had acted in self-defense. He won the case.

State Senator

Carpenter turned the name recognition he gained from the case into a successful bid for the Colorado Senate. He ran as a Republican in 1908. Carpenter became the first native-born Coloradan elected to the state senate. He served one term. During that time, he was head of a special committee to investigate the status of Colorado’s surface water. There was a particular focus on interstate streams. His resulting report showed his full support for the Colorado Doctrine of prior appropriation and his advocacy for states’ rights.

Carpenter saw that Colorado, as a headwaters state, was vulnerable to any downstream development. The neighboring states and the federal government wanted to develop large amounts of arid land for agriculture and settlement. That meant Colorado’s water would be in high demand beyond its borders. Carpenter’s senate work made him determined to defend Colorado’s water rights.

Carpenter became the attorney for the Greeley-Poudre Irrigation District. The district angered Wyoming. It had constructed a tunnel to divert water from the Laramie River into the Greeley-bound Cache la Poudre River. Wyoming sued Colorado over this diversion in 1911. Carpenter was the lead defense attorney for the state. He argued the case twice before the US Supreme Court. In 1922, the court decided in Wyoming’s favor.

Interstate Streams Commissioner

Carpenter learned important lessons during the Wyoming v. Colorado battle. He saw that Colorado risked losing interstate stream conflicts if federal courts decided how to divide the waters. He recognized that if states negotiated agreements, Supreme Court trials might be avoided.

In a 1920 meeting of the League of the Southwest, Carpenter brought forward his idea for the seven Colorado River Basin states to negotiate a compact, a multi-state, Congressionally approved treaty. The treaty was allowed by the US Constitution. He wanted the compact to specify how the states would share the Colorado River and its tributaries. At the time, California was advocating for a large dam and diversion canal from the river. Other states feared this could lead to federal interference. It might diminish water rights within their own borders. If the Supreme Court applied prior appropriation across state lines and California claimed water first, slower developing states would lose out.

Carpenter represented Colorado on the Colorado River Commission. The commission met first in January 1922. Wyoming, Utah, New Mexico, Arizona, Nevada, and California also sent commissioners. Secretary of Commerce Herbert Hoover represented the federal government. Commission meetings took place throughout the year. Carpenter’s drafts both inspired and resolved debates. The commissioners signed the final compact on November 24. It took more than two decades for all the states to ratify the compact. However, this was the first time so many states agreed on how to share the waters of an interstate stream.

Other compacts followed. Carpenter negotiated the South Platte River Compact between Colorado and Nebraska just five months later. He also pursued compacts on the La Plata, Arkansas, Laramie, North Platte, Rio Grande, and Republican rivers. However, some never came to fruition. Carpenters’ health began to fail beginning in the mid-1920s. He was suffering with symptoms of Parkinson’s disease. Carpenter was assisted by his wife. He was bedridden for over two decades.

Legacy

Delph Carpenter dedicated his life to resolving interstate water conflicts in the best interests of Colorado. In drafting, negotiating, and advocating for the Colorado River Compact and other interstate water compacts that followed, he set the arid West on a new course of cooperation instead of direct litigation.

Though interstate litigation still occurs, Carpenter’s concept of compacts paved the way for similar innovative ideas related to water management. In 2005, the Colorado legislature passed the Colorado Water for the 21st Century Act, which created an Interbasin Compact Committee. For legislators seeking a new way to cooperate within the state’s borders, Carpenter’s compacts provided inspiration.

Delph E. Carpenter (1877-1951) was a lawyer, state senator, and interstate streams commissioner. He had lasting impact on Colorado and the western United States through his river compacts. Carpenter persuaded other states to negotiate the first interstate river-sharing agreement. He wanted to secure Colorado’s water supply and to reduce lawsuits between states. His biggest achievement was the Colorado River Compact. It stands as the foundation of interstate water law in the West.

Lawyer

Carpenter was raised on his family’s irrigated farm northwest of Greeley. He experienced the difficulties of Colorado water issues firsthand. His parents scratched a living out of the arid land with their three boys: Alfred Bennett, Delphus Emory, and Fred George.

Carpenter graduated from Greeley High School in 1896. He enrolled in the University of Denver. He earned his law degree in 1899. Carpenter soon returned to Greeley to set up practice. In 1901, Carpenter married high school classmate Michaela “Dot” Hogarty. He raised three daughters and one son with her.

Carpenter had an early interest in water law. However, at first, he accepted any available legal work. In 1907, he took a case defending an accused murderer. He hoped the publicity would boost his career. Carpenter convinced the jury that the accused had acted in self-defense. He won the case.

State Senator

Carpenter turned the name recognition he gained from the case into a successful bid for the Colorado Senate. He ran as a Republican in 1908. Carpenter became the first native-born Coloradan elected to the state senate. He served one term. During that time, he was head of a special committee to investigate the status of Colorado’s surface water. There was a particular focus on interstate streams.

Colorado is a headwaters state. Carpenter saw that this made Colorado vulnerable to downstream development. Neighboring states and the federal government wanted to develop land for agriculture and settlement. That meant Colorado’s water would be in high demand beyond its borders.

Carpenter became the attorney for the Greeley-Poudre Irrigation District. The district angered Wyoming. It had constructed a tunnel to divert water from the Laramie River into the Cache la Poudre River. Wyoming sued Colorado over this diversion in 1911. Carpenter was the lead defense attorney for the state. He argued the case twice before the US Supreme Court. In 1922, the court decided in Wyoming’s favor.

Interstate Streams Commissioner

Carpenter learned important lessons during the Wyoming v. Colorado battle. He saw that Colorado risked losing water conflicts if federal courts decided how to divide resources. If states negotiated agreements, Supreme Court trials might be avoided.

In a 1920 meeting of the League of the Southwest, Carpenter brought forward his idea. He wanted the seven Colorado River Basin states to negotiate a compact. It would be a multi-state, Congressionally approved treaty. The treaty was allowed by the US Constitution. Carpenter wanted the compact to specify how the states would share the Colorado River. At the time, California wanted to build a large dam and diversion canal from the river. Other states feared this could lead to federal interference. It might diminish water rights within their own borders.

Carpenter represented Colorado on the Colorado River Commission. The commission met first in January 1922. Wyoming, Utah, New Mexico, Arizona, Nevada, and California also sent commissioners. Secretary of Commerce Herbert Hoover represented the federal government. Commission meetings took place throughout the year. Carpenter’s drafts both inspired and resolved debates. The commissioners signed the final compact on November 24. It took more than two decades for all the states to ratify the compact. It was the first time so many states agreed on how to share the waters of an interstate stream.

Other compacts followed. Carpenter negotiated the South Platte River Compact between Colorado and Nebraska just five months later. He also pursued compacts on the La Plata, Arkansas, Laramie, North Platte, and Rio Grande rivers. Some never came to fruition. Carpenter's health began to fail beginning in the mid-1920s. He was suffering with symptoms of Parkinson’s disease. Carpenter was assisted by his wife. He was bedridden for over two decades.

Legacy

Delph Carpenter dedicated his life to resolving interstate water conflicts in the best interests of Colorado. His compacts set the arid West on a new course of cooperation.

In 2005, the Colorado legislature passed the Colorado Water for the 21st Century Act. It created an Interbasin Compact Committee. For legislators seeking to cooperate within the state’s borders, Carpenter’s ideas provided inspiration.

Delph E. Carpenter (1877-1951) was a lawyer, state senator, and interstate streams commissioner. Carpenter persuaded other states to negotiate the first interstate river-sharing agreement. He wanted to secure Colorado’s water supply and reduce lawsuits between states. His biggest achievement was the Colorado River Compact. It stands as the foundation of interstate water law in the West.

Lawyer

Carpenter was raised on his family’s irrigated farm northwest of Greeley. He experienced the difficulties of Colorado water issues firsthand. His parents scratched a living out of the arid land with their three boys: Alfred Bennett, Delphus Emory, and Fred George.

Carpenter graduated from Greeley High School in 1896. He enrolled in the University of Denver. He earned his law degree in 1899. Carpenter returned to Greeley to set up practice. In 1901, Carpenter married high school classmate Michaela “Dot” Hogarty. He raised three daughters and one son with her.

Carpenter had an early interest in water law. However, at first, he accepted any legal work. In 1907, he took a case defending an accused murderer. He hoped the publicity would boost his career. Carpenter convinced the jury that the accused had acted in self-defense. He won the case.

State Senator

Carpenter used the name recognition he gained from the case. He made a successful bid for the Colorado Senate. He ran as a Republican in 1908. Carpenter became the first native-born Coloradan elected to the state senate. He served one term. He was head of a special committee looking into the status of Colorado’s surface water. There was a particular focus on interstate streams.

Colorado is a headwaters state. Neighboring states and the federal government wanted to develop land. That meant Colorado’s water would be in high demand beyond its borders.

Carpenter became the attorney for the Greeley-Poudre Irrigation District. The district angered Wyoming. It had constructed a tunnel. The tunnel diverted water from the Laramie River into the Cache la Poudre River. Wyoming sued Colorado over this diversion in 1911. Carpenter was the lead defense attorney for the state. He argued the case before the US Supreme Court twice. In 1922, the court decided in Wyoming’s favor.

Interstate Streams Commissioner

Carpenter learned important lessons during the Wyoming v. Colorado battle. He saw that Colorado risked losing water conflicts if federal courts got involved. If states negotiated agreements, Supreme Court trials might be avoided.

In a 1920, Carpenter brought forward his idea. He wanted the seven Colorado River Basin states to negotiate a compact. It would be a multi-state treaty. The treaty was allowed by the US Constitution. Carpenter wanted the compact to specify how the states would share the Colorado River. At the time, California wanted to build a large dam and diversion canal from the river. Other states feared this could lead to federal interference.  They could lose water rights.

Carpenter represented Colorado on the Colorado River Commission. The commission met first in January 1922. Wyoming, Utah, New Mexico, Arizona, Nevada, and California also sent commissioners. Secretary of Commerce Herbert Hoover represented the federal government. Meetings took place throughout the year. The group signed the final compact on November 24. It took more than two decades for all the states to ratify. It was the first time so many states agreed on how to share the waters of an interstate stream.

Other compacts followed. Carpenter negotiated the South Platte River Compact between Colorado and Nebraska five months later. He also pursued compacts on the La Plata, Arkansas, Laramie, North Platte, and Rio Grande rivers. Some agreements never came to fruition. Carpenter's health began to fail beginning in the mid-1920s. He was suffering with symptoms of Parkinson’s disease. He was bedridden for over two decades.

Legacy

Delph Carpenter dedicated his life to resolving interstate water conflicts. He worked in the best interests of Colorado. His compacts set the arid West on a new course of cooperation.