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<br />001873 <br /> <br />MR. BENNETT. I would not be aware of that. I can say this, sir, <br />that so far as we know neither one of these questions are in litiga- <br />tion at the present time. It should be remembered that the upper <br />division States have not been joined in that litigation to date between <br />Arizona and California, and in our judgment they could not reasonably <br />be considered as issues before the Supreme Court in the present <br />posture of that litigation. <br /> <br />SENATOR KUCHEL. Do you have any comment to make on the two sub- <br />divisions of article III (d) as against (a) and do you have any opinion <br />on whether III (b) which was the subject of Governor Johnson's dis- <br />cussion here takes precedence over any rights of the upper basin <br />under III(a)? <br /> <br />MR. BENNETT. I would say this: we are of the opinion that the two <br />must be read together. We do feel that, so far as the legislation <br />before this committee is concerned, its very purpose is to make possible <br />the regulated flow of at least 75 million acre-feet of water to the <br />lower basin States in any continuous 10-year period. <br /> <br />I might call your attention, sir. to the fact that section 12 of <br />the bill, which is pending before this committee, S. 500, in its first <br />sentence, reads as follows: <br /> <br />In the operation and maintenance of all facilities authorized by <br />Federal law and under the jurisdiction and supervision of the Secre- <br />tary of the Interior, in the basin of the Colorado River, the Secre- <br />tary of the Interior is directed to comply with the applicable pro- <br />visions of the Colorado River Compact, the Boulder Canyon Project Act, <br />the Boulder canyon project Adjustment Act, and the Treaty with the <br />united Mexican States, in the storage and release of water from reser- <br />voirs in the Colorado River Basin. <br /> <br />That we intend to do, sir. <br /> <br />SENATOR KUCHEL. Now, Mr. Bennett, do you have any op~n~on as to <br />whether or not the upper basin could withhold water for power purposes <br />and power generation if it were required for reasonable use in the <br />lower basin for agriculture or domestic purposes? <br /> <br />MR. BENNETT. We believe very definitely, Senator Kuchel, as I <br />believe my statement indicated, that such water would have to be re- <br />leased. if it were being held only for generation of power in the <br />upper basin and there were reasonable requirements for agriculture <br />or domestic uses below. <br /> <br />10 <br />