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<br />uses and satisfaction of present perfected rights 01< * 11<; ~nd third, for power. tI
<br />Secticn 6 (43 USCA Par. 617e). It is true that the authority conferred is stated
<br />to be "subject to the Colorado River Compact, II and that instrument makes the
<br />improvement of navigation subservient to all other purposes. But the specific
<br />statement of primary purpose in the act governs the general references to the
<br />compact. This court may not assume that Congress had no purpose* to aid navi-
<br />
<br />*457
<br />gation, and that its real intention was that the stored water shall be so used
<br />as to defeat the declared primary purpose. Moreover, unless and until the stcred
<br />water, which wi~l oosist largely of flood waters n~l wasted, is consumed in new
<br />irrigation projects or in domestic use, substantially all of it will be available
<br />for the improvement of navigation. The possible abuse of the povler to regulate
<br />navigation is not an argument against its existence. Lottery Case, 188 U.S. 321,
<br />363, 23 S. ct. 321, 47 L. Ed. 492; Flint v. Stone Tracy Co., 220 U.S. 107, 168,
<br />169, 31 S. Ct. 342, 55 L. Ed. 389, Ann. Cas. 1912 B, 1312; Tlilson v. New, 243 U.
<br />S. 332, 354, 37 S. ct. 298, 61 L. Ed. 755, L. R. A. 1917E, 938, Ann. Cas. 1918A,
<br />1024; Alaska Fish Salting & By.Products Co. v. Smith, 255 U.s. 44, 48, 41 S. ct.
<br />219, 65 L. Ed. 489. Hamilton v. Kentuoky Dist:l.l1eries. supra.
<br />
<br />Since the grant of euthori ty to build the dam and reservoir is valid as an
<br />exercise of the Constitutional povler to improve navigation. we have no occasion
<br />to deCide whether the authority to construct the dam and reservoir mi~ht not
<br />also have been oonstitutionally conferred for the specified purpose of irrigating
<br />public lands of the United States. Compare United States v. Rio Grande Dam
<br />& Irrigation Co., 174 u. s. 690, 703, 19 S. ct. 770, 43 L. Ed. 1136; United
<br />States v. Alford, 274 U. s. 264, 47 S. Ct. 597, 71 L. Ed. 1040.
<br />
<br />*458
<br />Or for the speci*fied purpose of regulating the flow and preventing floods in
<br />this interstate river. Or as a means of ccnserving and apportioning its waters
<br />among the states equitably entitled thereto. Or for the purpose of performing
<br />international obligations. Compare Missouri v. Holland, 252 U. s. 416, 40 S.
<br />Ct. 382. 64 L. Ed. 641, 11 A. L. R. 984.
<br />
<br />(15-18) SECOND. The further claim is that the mere existence of the act
<br />will invade quasi sovereign rights of Arizona by preventing the state from exer-
<br />cising its right to prohibit or permit under its ovm la,ls the appropriation
<br />of unappropriated waters flowing within or on its borders. The opportunity and
<br />need for further appropriations are fully set forth in the bill. Arizona is arid,
<br />and irrigation is necessary for cultivation of additional land. The future
<br />growth alld welfare of the state are largely depelldent *upon such reclamation.
<br />
<br />*459
<br />It is alleged that there are within Arizona 2,000,000 acres not now irrigated
<br />which are susceptible of irrigation by further appropriations from the Colorado
<br />river. To appropriate water means to take and divert a specified quantity
<br />thereof and put it to beneficial use in accordance with the laws of the state
<br />where such water is fbund, and, by so doing, to aoquire under such laws. a vested
<br />right to take and divert from the same source, and to ulie and consume the same
<br />quantity of water annually forever, subject only to the right of prior appro-
<br />priations. Under the law of Arizona, the perfected vested right to appropriate
<br />water flowing within the state cannot be acquired without the performance of
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