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<br />,'0)1884 <br /> <br />:-:::":\ <br /> <br />-13- <br /> <br />States, Accordingl;,', I lJrepared and filed a bill asking leave <br /> <br />to perpetuate testimony of the understanding lIi'hich had been <br /> <br />reached at Santa Fe, New Mexico before the Colorado River <br /> <br />Compact I~as signed. The Court in the Sixth Gro\lnd of its <br /> <br />opinion set forth at pages 358-359 of Arizona ~, California, <br /> <br />292 U, S. 341, held, that the III (b) '"ater ,-as apportioned to <br /> <br />the Lover Basin, I quote the Slxth Grountl of the opinion: <br /> <br />II Sixth. The considerations to \-Thich Arizsma <br />calls' attention co not s110w that there is any <br />ambiguity in Article III (b) of the Compact. Doubt- <br />less, the anticipated physlcal sources oj" the ITaters <br />"hich combine to mal:e the total of 8,500,000 ' <br />acre~feet are as Arizona contends, but neither <br />Article IIICa) nor (b) de.9J. uith the uaters on <br />the basis of their source. Paragraph (a) apportions <br />lli'aters 'from the Colorado River 8~'stem,' i.e" <br />the Colorac:.o and its tributaries, and (b) permits <br />an adC.itional use 'Of such I.raters, , The Compact <br />mnl:es an a;:>portion:nent only betlieen the upper and <br />louer 'bas1n; the a~)l~ortionment among the states in <br />e~ch basin beine left to later agreement, Arizona <br />is one of the states of the louer basin and any Haters <br />useful to her are by that fact useful to the lOHer <br />basin, But the fact that they are solely useful to <br />Arizona, or the fact that they have been approyriated <br />by her, does not contradict the intent clearly expressed <br />in ParaGra~h (b) ( nor' the rational character thereof~ <br />to apportion the 1,000,000 acre-feet to the. states of <br />the Imli'er basin and not specifically to Arizona alone. <br />It raay be that, in apportioning among the states the <br />8,500,000 [',ere_feet allotted to the lo,fer basin, <br />Arizona's share of Ilaters from the main stream vill <br />be affected by the f2.ct that certain of the "Iaters <br />assigneel to the lOIJer basin can be used only by her; but <br />that is'a matter entirely outside the scope of the <br />Comp2.ct. <br /> <br />II The provision of Article III (b) , li::e that of Artic~e <br />I1I(a) is entirely refer~ole to the main intent of the <br />Comj)8ct \Thich uas to Ol)portion the '.raters as betl'Teen the <br />upper Gnd lOHer trsins. The effect of Article I1I(b) <br />(at least in the event that the Imler basin puts the <br />8,500,000 acre-feet of ',r[',ter to beneficial uses) is <br />to preclude any claim by the upper basin that any part <br />