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<br />6 <br /> <br />- <br /> <br />; <br />does take jurisdiction, the issues before the Court would notl <br />, I <br />become so involved that it would necessitate the appointment I <br />I <br />I <br />, <br />, <br />I <br /> <br />of a Master. <br /> <br />We pointed out the three differences of opinion <br />existing between the two states: <br /> <br />isn I t of too much concern to the Upper Basin . <br /> <br />No.1: Is III (b) water--so-calXed III (b) water <br />I <br />. " I <br />under the Compact-~apportioned water? If it is apportioned I <br />, I <br />water, then California by its Self-Limitation Act is preclude~ <br />, I <br />from claiming the right to use any part of :tha t water; and we : <br />I <br />point out that the Supreme Court in' a case ,alreadY decided didl <br />I <br />I <br />I <br />I <br />I <br />I <br />, <br />I <br />I <br />I <br />I <br />I <br />stream made I <br /> <br />say'that that was apportioned water. <br /> <br />That :i8 No.1; that <br /> <br />No. 2 is a ques tion of a defini ti'on of the phrase, <br />, ' <br /> <br />~ <br /> <br />"benefioial consumptive uselt. <br /> <br />Arizona's po~ition is that <br /> <br />, , <br />beneficial consumptive use is the depletion' of the <br />, <br /> <br />by man, and that we should not be charged w1th the use of <br />salvaged water. <br />We point out in the Complaint thap that was the <br />particularly important question on the Gila: River. The Gila <br />River, which is a part of the system of the: Colorado, of <br /> <br />I <br />course, in its natural stage, virgin condition, without any <br />dams, would have emptied into the Colorado River approximatelY <br />1,200,000 acre-feet of water a year, that is, if there were <br />I <br /> <br />no dams in the Gila or any of its tributaries. Actually, by <br />building a series of dams in the upper part'of the Gila ' <br />River and its tributaries, Arizona uses water that would never <br />have reached the Colorado River. That water would have been <br />, <br />