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<br />0322J8 <br /> <br />34 <br /> <br />ARIZONA v. CALIFORNIA. <br /> <br />ticular, the Secretary is bound to observe the Act's limita- <br />tion of 4,400,000 acre-feet on California's consumptive <br />uses out of the first 7,500,000 acre-feet of mainstream <br />water. This necessarily leave the remaining 3,100,000 <br />acre-feet for the use of Arizona and Nevada, since they are <br />the only other States with access to the main Colorado <br />River. Nevada consistently took the position, accepted <br />by the other States throughout the debates, that her con- <br />ceivable needs would not exceed 300,000 acre-feet, which, <br />of course, left 2,800,000 acre-feet for Arizona's use. More- <br />over, Congress indicated that it thought this a proper divi- <br />sion of the waters when in the second paragraph of ~ 4 (a) <br />it gave advance consent to a tri-state compact adopting <br />such division. While no such compact was ever entered <br />into, the Secretary by his contracts has apportioned the <br />water in the approved amounts and thereby followed the <br />guidelines set down by Congress. And, as the- Master <br />pointed out, Congress set up other standards and placed <br />other significant limitations upon the Secretary's power <br />to distribute the stored waters. It specifically set out in <br />order the purposes for which the Secretary must use the <br />dam and the reservoir: <br />"First, for river regulation, improvement of naviga- <br />tion, and flood control; second, for irrigation and <br />domestic uses and satisfaction of present perfected <br />rights in pursuance of Article VIII of said Colorado <br />River compact; and third, for power." ~ 6. <br />The Act further requires the Secretary to make revenue <br />provisions in his contracts adequate to ensure the recovery <br />of the expenses of construction, operation, and main- <br />tenance of the dam and other works within 50 years after <br />their construction. ~ 4 (b). The Secretary is directed <br />to make water contracts for irrigation and domestic uses <br />only for "permanent service." ~ 5. He and his permittees, <br />licensees, and contractees are subject to the Colorado <br />