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<br />. <br /> <br />. <br /> <br />, <br /> <br />"The term 'Colorado River System' means that portion <br />of tbe Colorado River and its tributaries within the <br />United States of America." <br /> <br />Using the Colorado River Compact as the basic document in <br />this case, an entirely different interpretation than that made by <br />the Supreme Court can be made of the Boulder Canyon Project Act. <br />It should be pointed out here that there are lower basin tribu- <br />taries odier than the Gila River, which enter the Colorado River <br />below Lee Ferry, some above Boulder Dam and some below. <br /> <br />The Master in his decision held that his apportionment of <br />waters applied only to the waters available from Boulder Dam. This <br />decision, in effect, would have allowed the use of those tributaries <br />entering the Colorado River between Lee Ferry and the up.per end of <br />Lake Mead without charge to the user state. The Supreme Court <br />corrected this obvious error by stating that such use would be <br />charged to the user state as a part of the apportionment from Lake <br />Mead, <br /> <br />The United States interv.ened in the action for the purpose <br />of claiming main streql and tributary waters fo'r use on Indian <br />reservations, national forests and other federal lands. The Master <br />declined to make a finding on tributary waters but followed the <br />prevailing federal theory on main stream waters as regards to <br />reservation of water supplies by the federal government. The <br />principal issue at stake was the amount of water needed "to satisf:y, <br />the future as well as the present needs ofthe'..Indian reservations'. <br />In arriving at this future need the Master determined this by the <br />number of irrigable acres within each Indian reservation. The <br />total amount of water allocated to the United States in the decision <br />was about 1,000,000 acre-feet annually, <br /> <br />The Supreme Court agreed with the ~~ster's conclusions~arid <br />findings on this point. A very significant part of the decree which <br />is of particular interest to the upper basin states reads as follows: <br /> <br />"Finally, we note our agreement with the Master that ;Ill <br />uses of main stream water within a State are to be charge6 <br />against the State's apportionment, which of course includes <br />uses by the United States." <br /> <br />Throughout its decision it is apparent that the Supreme Court <br />was preoccupied by "main stream" water. In order to ~=tifY this <br />preoccupation the Court had to interpret the Boulder {en Proj- <br />ect Act as.. dealing only with main stream water. 'J;he Bou df:r Canyon <br />Project Act, however, was based upon the Colorado R1veJ' c:ompact. <br />The Colorado River Compact obviously and expressly deals with the <br />waters of the Colorado River System as therein defined. If 8u<;;n <br />were not the case it probably would never have been executed by <br />any of the signatory states, and certainly not by the upper basin <br />states. The most disconcerting feature of the decision is t~ <br /> <br />-16- <br />