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~ll'f'!.'lr,"'r'''''''''l: '~~:r. 'O'f'l}e:" ~ t)..,\J_u own long over-due project-which is entirely reimbursable, se]f- sustaining and badly needed-be ignored." The Arizona congressman also reminded his colleagues that his state had been trying for 20 years to get its project through Congress, had won its lawsuit in the U.S. Supreme Court and still hHd no project. He said California's insistence on the 4.4- million-acre-foot guarantee was "the most troublesome issue which ourtwo states must face-and which our two states must finally reso]ve." California Insists on 4.4 Californians' testimony before, the subcommittee quickly demonstrated just how t.roublesome the issue was-and how . divided were the two states. The theme was set by Governor Reagan, whose statement was read into the record by William R. Gianelli, director of the California Department of Water Resources: "We support authorization of the Central Arizona Project but ask that authorization incl ude, in addition to studies of means of augmenting the supply of the Colorado, protection of existing uses until the river is adequately supp]emented." Then Northcutt Ely, special assistant attorney general of Ca]i- fornia, took up the burden of presenting California's substantive argument. Much of it turned on that state's insistence that any CAP legislation contain the 4.4-million-acre-foot guarantee. Ev~n with such a guarHntee, said Mr. Ely, California projects built at a cost of more than $600 million Hnd using 5.1 million ac're-feet per year would have to cut back 700,060 acre-feet when a shortage developed. "California offers Arizona a fair proposal," said Mr. Ely, "in that our two states share both the hope that imported water will be brought in :md the risk that it wiII not. If we are disappointed in' this, let both states share the burden." . The California attorney criticized Secretary Udall's "bare, . bones" proposal as "deleting the underpinning of the settlement between the Upper and Lower Basins." "That underpinning," he said, "was the reasonable expectation of the importation of at ]e,ast 2.5 million acre-feet annually. We ask the committee to restore these settlements. They dispose peacefully and fairly of issues that otherwise would result almost inevitably in further litigation, which no one wants," Such litigation, he said, would be needed to clarify issues like these: How much water was the Lower BHsin entitled to receive from the Uoper Basin at Lee Ferrv? What formula should be used to divide any uncom- mitted water when the river fell below 7.5 million acre-feet per year? If any shortage-sharing plan of the Secretary of the Interior destroyed existing uses in California, was it com- pensable? Represe,ntative Saylor of Pennsylvania interjected that if California got a 4.4-million-acre-foot guarantee, "it would be the first time in recorded history that somebody lost a case in -52-