The Southwestern Historical Quarterly, Volume 95, July 1991 - April, 1992 Page: 368
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Southwestern Hzstorzcal Quarterly
of the history of the adoption of this section of the Wagstaff Act dem-
onstrates that it embodied a compromise. Upstream, West Texas inter-
ests opposed hydroelectric developments; downstream, Central Texas
interests supported hydroelectric developments; however, both sides
supported the absolute primacy of municipal rights. Central Texans
could support a statute that gave municipal rights priority over all
other types of rights, not just over hydroelectric rights. Therefore, they
could not support the bills proposed by Woodward, because they sub-
ordinated hydroelectric rights alone to both municipal and irrigation
rights. The Wagstaff Act, on the other hand, was acceptable to Central
Texans because all later-granted nonmunicipal rights, not just later-
granted hydroelectric rights, shared the ongoing burden of supplying
only future municipal rights.
The history of the Wagstaff Act shows that only municipal water
rights should be allowed to impinge on all post-1931 nonmunicipal
water rights. This interpretation gives the Wagstaff Act the importance
it deserves as an intentional alteration of the doctrine of appropriative
rights in order to recognize the primacy of cities' needs for water.
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 95, July 1991 - April, 1992, periodical, 1992; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth117153/m1/428/: accessed April 30, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.