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<br />and they h,we certain projects up the!"e. The question I am raising is --
<br />can Arizona be .;:alled Oil to share in. the burden of the fulfilling of tloe Lee
<br />Ferry Compact --or Lee Ferry debt, ')fOU might say? ,They claim the
<br />right to sit in for the distribution of water bec.mall plU.t of their area is
<br />drained by the San Juan River. which empti.t.s ll.bove L,ee; Ferry, but they
<br />don't seem to be inclined to help bear the burdeltil of furnishing the water.
<br />That is, they absorb their water in San Juan by storage within their own
<br />State. I
<br />
<br />. .
<br />
<br />'--..
<br />
<br />MR. ELDER: If you eVClf travel in that I!Icdion of the
<br />Navajo Indian Reservation, you wouldn't look on it as an absorption of
<br />water. It's one of our best d'4serts,
<br />
<br />CHAIRMAN: Quite true, but they have quite a bit of
<br />irrigation planned there. i have trarnped over quite a bit of it, and they
<br />say at least it's sufficient to warrant their sitting with the Upper Basin
<br />States in the division of the water supply of the Upper Basin, but are
<br />they willing to sit in on the division of the obligation?
<br />
<br />MR. ELDER: Perhaps you can look at it this way --
<br />that the floods of the San Juan will always contribute to Lee Ferry, but
<br />I doubt if anyone can guarantee them, even in a ten year period.
<br />
<br />CHAIRMAN: It matters not to the Upper Basin States
<br />or anyone else as to whether it's flood water or whether, momentarily,
<br />a stream, because it goes into a reservoir, and it's distributed over the
<br />years just the same.
<br />
<br />MR. HOWARD: U I may venture an answer to the q\l!!stion,
<br />and say. in theory. to the extent that the State of Arizona is within the
<br />Upper Basin, they should participate in the division of water and the sharing
<br />of the obligation at Lee Ferry. As a practical matter, however, it would
<br />be of little significance.
<br />
<br />CHAIRMAN: Well, this simply wasn't taken into comider-
<br />ation when the Colorado Rommission divided up the territory. They are ita
<br />the Lower Division! thatls below, and so that was just a problem that we
<br />were a little bit interested in because when we take somebody in under our
<br />wing tha t we think are going to
<br />
<br />MR. HINDS: There's one thlng in this comprehensive
<br />report uthey carefully stated that they were not blterpreting any of the
<br />laws, rules and regulations, etc.. but, of course. the Burea\.t of Reclamation
<br />in sponsoring the building of projects in Arizona, in which the water is
<br />to be used are fostering interpretations.
<br />
<br />MR. HOWARD: May I quote Subdivision (f) of Article 2 of
<br />the Colorado River Comprlct where the term "Upper Basin" is defined.
<br />
<br />"The term "'Upper Basill" :!"i!,eans those ?arts of the States
<br />of Arizona, colorado, New Mexico, Utah, and Wyoming within
<br />and from which waters naturally dl!'ain into the Colorado River
<br />system above Lee Fer,,"'}', and also all paxts of said States located
<br />':':lllt'l'c-~.4- d-hl'.., {~n"'7'g"",,~';l"'" ...."~.,'(;'~~ ,,.,..~ t',.". ('t""'II~,,-~~~ l:7Jo'~'\I..tt<"~ \o':'''lP~t~~.\ \liVhl~h ~r~
<br />,,_I<. ,...'...... "-, d,,""_~""',<~'" "':',. ,,<ct. ""_'" .>4".' "lb.,;.I.\<..w...... ..",..",..--.;1; k-'Jj'OI -",1<~,_ ~ l\.... co;. '."
<br />now or shall herOlaftel' bf); ben~Udany served by watex's diverted
<br />, -48-
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