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<br />OD1881 <br /> <br />-10- <br /> <br />to contract for the storaGe of uater in Lake Mead and for the <br />delivery thereof to such points on the River as nay be agreed <br /> <br />upon. <br /> <br />in 18'29 ['.nd 1930 further attempts uere i.Jade to neGotia~e <br /> <br />a cOh1pact betHeen Arizona, California, ane~ Nevada, but failed. <br /> <br /> <br />It is ~y understanding, althou~h I did not participate in those <br /> <br />negotiations nne1 have no persol1::,l l:nQ1.~ledce thereof, that the <br /> <br /> <br />onl"' c:1.&i.,1 there 2.8serted, o.ne1 l:l1ich is here asserted by California <br /> <br /> <br />contrary to t!1e Arizona }JOE:i tion, Has that the Dillion acre-feet <br /> <br /> <br />mentioned in Article III(b) of the Colorado River Compact ~las <br /> <br />vas unap~)ortionee1 or surplus ,.rater. Another interesting fact in <br /> <br />connection 1,;i th the case thc'.t Has filed by Arizom~ attackine; the <br /> <br /> <br />constitutionc~lit:r of the BoulC.er Canyon Project .Act, 283 U. S. 423, <br /> <br />is that not"ithst1:.nCinG the fc.ct that Arizona at that time was <br /> <br />disputing the consti tution.:lli ty of the Act and opposed ap;)ro"riatior <br />for the construction of Hoover Dam, and that California, Arizona, <br />and Neva~a had been unable to agree to the terms of the tri-state <br />co~pact as set out in the Boulcer Canyon Project Act, and not- <br /> <br />u1thstaneUng the fact that Arizona had filed the suit attacking <br />the constitutionality of the Act and California's riGht to the <br />water set out in the Act, the Cc.lifornia agencies proceeded to <br />negotiate the California Intrastate Priorities Agree8ent and <br />nee;otiated contrqcts ':ith the Secretar~' of the Interior, I.Ir. \lilbur, <br />uith his assistant, llorthcutt Ely ( l1ho no1' represents California <br />int erests), '.Ii thout '.'8oi t1nCi for the. decision of' the Court in that <br /> <br />case, ctnd moved to Gismiss the case. <br /> <br />:~ <br />'.~ <br />'i <br />