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<br />002197 <br /> <br />ARIZONA v. CALIFORNIA. <br /> <br />23 <br /> <br />California was the difference of 400,000 acre-feet,.6 pre- <br />cisely the same 400,000 acre-feet of mainstream water <br />that had separated the States at Denver. Were we to <br />sustain California's argument here that tributaries must <br />be included, California would actually get more than she <br />was willing to settle for at Denver. <br />That the apportionment was from the mainstream only <br />is also strongly indicated by an analysis of the second <br />paragraph of ~ 4 (a) of the Act. There Congress author- <br />ized Arizona, Nevada, and California to make a compact <br />allocating to Nevada 300,000 acre-feet and to Arizona <br />2,800,000 plus one-half of surplus, which, with California's <br />4,400,000 and half of the surplus, would under Cali- <br />fornia's interpretation of the Act exhaust the Lower <br />Basin waters, both mainstream and tributaries. But <br />Utah and New Mexico, as Congress knew, had interests <br />in Lower Basin tributaries which Congress surely would <br />have protected in some way had it meant for the tribu- <br />taries of those two States to be included in the water to <br />be divided among Arizona, Nevada, and California. We <br />cannot believe that Congress would have permitted three <br />States to divide among themselves water belonging to five <br />States. Nor can we believe that the representatives of <br />Utah and New Mexico would have sat quietly by and <br />acquiesced in a congressional attempt to include their <br />tributaries in waters given the other three States. <br />Finally, in considering California's claim to share in the <br />tributaries of other States, it is important that from the <br /> <br />.6Id" at 164 (King), 165 (Johnson, Bratton), 382 (Hayden, <br />Phipps), 385 (Bratton), 386 (Pittman), Senator Hayden's state- <br />ment is representative: "I want to state to the Senate that what I <br />am trying to accomplish is to get a vote on the one particular ques- <br />tion of whether the quantity of water which the State of California <br />may divert from the Colorado River should be 4,200,000 acre-feet <br />or 4,600,000 acre-feet," ld., at 382. <br />