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.. that Section 4 (a) refers specifically to Article ill of the 1922 Compact and Article ill (a) apportions water from the Colorado River System, which is defmed in Article II (a) as including the entire mainstream and the tributaries."115 The master held that the 1928 Act amounted to a Congressional apportionment of the Colorado River mainstem water and that interpreting the 1922 Compact was not needed to decide the case. In 1963, The Supreme Court upheld the Special Master. The Court went on to say that its decision did not affect any issue of interpretation of the 1922 Compact.116 One of the compelling reasons that the Special Master made in deciding to limit the case to mainstem water was the fact that Congress did not include New Mexico and Utah in the Section 4 (a) apportionments. It dealt with only three of the five Lower Basin States, the three states, which significantly, are geographically accessible to mainstream water. 117 The Special Master made several other findings that, after being upheld by the Supreme Court, are important to the situation on the river today. The master ruled that consumptive use is to be measured as diversions at each diversion point on the mainstem less returns to the mainstem. It does not include evaporation and channel losses on water in the mainstream which occur before the water is diverted.ll8 The Special Master also ruled that certain provisions of the 1942 and 1944 contracts between the Secretary of the Interior and Nevada and the 1944 contract between the Secretary of the Interior and Arizona were invalid.119 These contracts had provisions that required that deliveries of water from the mainstream to users in Arizona and Nevada be reduced by the tributary depletions in those states upstream of Lake Mead. The 1944 Nevada contract had the following provision: "Subject to the availability thereof for use in Nevada under the provisions of the Colorado River Compact and the Boulder Canyon Project Act, the United States shall, from storage in Lake Mead deliver to the State each year at a point or points....so much water, including all other waters diverted for use within the State of Nevada from the Colorado River system, as may be necessary to supply the State a total quantity not to exceed Three Hundred Thousand (300,000) acre feet each calendar year."120 115364 U.S. 940, (1960), page 173. 116376 U.S. 340, (1963), page 353. 117364 U.S. 340, (1960), page 176. 118364 U.S. 340, (1960), pages 186-187. 119364 U.S. 940, (1960), pages 237-247. 120364 U.S. 940, (1960), page 420 (Appendix 7). Page -40-