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<br />c. Arizona's Past Conduct <br /> <br /> <br />Arizona initially opposed ratification of <br /> <br /> <br />the 1922 Compact for the primary reason that it included <br /> <br /> <br />Lower Basin tributaries for the purpose of determining <br /> <br /> <br />an Article III(C) surplus. At the Denver Governor's <br /> <br /> <br />Conference in 1927, called by the Upper Basin states to <br /> <br /> <br />try to settle differences between california and Arizona, <br /> <br /> <br />Arizona attempted to attach a condition that the <br /> <br /> <br />tributaries in Arizona be relieved from any burden which <br /> <br /> <br />might be impressed upon them by virtue of any treaty. <br /> <br /> <br />This condition was not adopted. Further, in the second <br /> <br /> <br />Arizona v. California, 292 U.S. 341 (1934), Arizona <br /> <br /> <br />argued before the united States supreme Court that the <br /> <br /> <br />compact commissioners had agreed that the Colorado River <br /> <br /> <br />system included the Gila River and its tributaries and <br /> <br /> <br />that Article III (b), which gives the Lower Basin the <br /> <br /> <br />right to increase its beneficial consumptive use by 1 <br /> <br /> <br />m.a.f. annually, was intended to go to Arizona to compen- <br /> <br /> <br />sate it for the waters of the Gila River and its <br /> <br /> <br />tributaries. All of these factors together conclusively <br /> <br /> <br />demonstrate that the tributaries of the Colorado River <br /> <br /> <br />are to be included in an Article III(C) determination of <br /> <br /> <br />surplus. <br /> <br />-22- <br />