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<br />24 <br /> <br />Oil <br />,~ <br />'N <br /> <br />purchaser take water for irrigation purposes that was <br />unusable f <br /> <br />Mr. Tipton. I think that is a legal question, Senator. <br />We will have men go on who will be more qualifIed <br />than I to go into the legal aspects. I can only say this, <br />sir, that within my own State, which is Colorado, there <br />are users of water who have senior water rights on the <br />lower reaches of'some of our streams, and over a pe- <br />riod of years the water supply available to those users <br />of water has become progressively of poorer quality <br />than originally was available to them. There is no law <br />within our State which offers any protection against <br />that condition. We have had no court cases such as have <br />been had in Ariwna to clarify the situation. But the <br />user of water, under our decrees in Oolorado and, so far <br />as I know, in the other States, is not entitled to receive <br />more water than the original decree calls for because <br />of a deterioration in the quality of the water. <br /> <br />Senator McFarland, I think, brought it out plainly, <br />that there is not necessarily an end point; it is merely <br />progressive. As the quality becomes worse it requires <br />more water. If you cannot get more water, you must <br />reduce your acreage. <br /> <br />I know of no instance in my own State where anyone ' <br />having a water right receives more water on account <br />of the act of someone else above taking water out of <br />the stream and giving the last user on the stream water <br />that has been reused several times and has caused the <br />quality of his water to become much worse than it orig- <br />inally was when he initiated his appropriation. <br /> <br />Senator Downey. Of course, Mr. Tipton, in this <br />treaty you start out by declaring a guaranteed right <br />to Mexico of 1,600,000 acre-feet of wated <br /> <br />Mr. Tipton. That is correct. <br /> <br />Senator Downey. And it is recited that that water <br />shall come from any and all sources. <br /> <br />Mr. Tipton. 'l'hat was put in to cover drainage. <br />That was the intent, Senator, and there is no question <br />about it.3D <br /> <br />.. <br /> <br />. <br /> <br />89 Hearings, pt. 2, at 342. <br /> <br />r~ <br />, . <br /> <br /> <br />l <br /> <br />I <br /> <br />