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<br />GOVERNOR JOHNSON: <br /> <br />MR. STAPLETON: <br /> <br />GOVERNOR JOHNSON: <br /> <br />case, we realized that had we been in that <br />case we would have made the same argument <br />that California did with reference to the <br />accounting for the Lower Basin tributaries. <br />The supreme Court ignored the California I <br />arguments . ~ve prepared a memorandum in 1963 <br />which explained our thoughts on that case. <br />Copies of this memorandum are available. <br />That case gave us some concern because the <br />Supreme Court held that the LOwer Basin <br />tributaries, namely, the Gila River, were not <br />to be counted in considering the apportion- <br />ment to the Lower Basin States, although the <br />Supreme Court was careful to point out that <br />it was not deciding the issue under the <br />Colorado River Compact or deciding any issue <br />against the Upper Basin. Nevertheless this <br />is a matter that must be further litigated <br />in the supreme Court unless we can arrive at <br />some agreement among the seven states. That <br />is our second problem. <br /> <br />It is our staff position that under no <br />circumstances can the state of Colorado or <br />the Upper Sasin afford to depart from the <br />position that the ultimate required delivery <br />at Lee Ferry shall never exceed 75,000,000 <br />acre-feet. We think there is no compromise <br />with that position." <br /> <br />"Hr. Chairman." <br /> <br />"Governor Johnson. Governor, may I <br />point out this is not a microphone. There <br />are a lot of people behind you who would <br />like to hear what you are saying, so if you <br />could speak up louder, I know they would <br />appreciate it." <br /> <br />I <br /> <br />"Thank you. Paragraph {c} of Article III <br />winds up by saying this with respect to that <br />Hexican Treaty water: <br /> <br />'* * * * and whenever necessary the <br />States of the upper division shall deliver <br />at Lee Ferry water to supply one-half of the <br />