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<br />" <br />L\ <br /> <br />" <br /> <br />J <br /> <br />.. <br /> <br />.. <br /> <br />" <br /> <br />, <br /> <br />) <br />, <br /> <br />f\ <br /> <br />. <br /> <br />IJOHO~ <br /> <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 <br /> <br />-5- <br />