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<br />-5- <br /> <br />" <br /> <br />thousand aore-feet of the water is to be eupplied from water allooated by Artiole <br />III (a) of the Colorado River Compaot, namely, from the 7,500,000 aore-feet <br />allooated by ,that seotion to the Lower Basin for benefioial oonsumptive use. The <br />remaining 962,000 aore-feet must oome from unapportioned surplus. The oontraots <br />for the delivery of this water are not firm sinoe this type of water oami.ot be <br />apportioned until eaoh basin is oonsuming all of the water allooated to it under <br />the Colorado River Compaot, and, in any event, such allooation oannot be made <br />prior to 1963. <br /> <br />; <br /> <br />. <br /> <br />11. The infirmity of the contraots for the delivery of water to California <br />under her junior priorities existed at the time those oontraots were made. <br />Regardless of the treaty, water might not be available to supply those contracts <br />after full development is made in the Basin and at the time the surplus is to be <br />allooated under the terms of the Colorado River Compaot. If the terms of the <br />treaty effeots adversely the availability of water to satisfy these oontraots <br />it appears probable that a settlement reaohed by arbitration or by a treaty <br />negotiated sometime in the future would have a greater adverse effeot on avail- <br />ability of water to be delivered under the contraots. California set up her <br />own system of priorities. It was by her own aot that a part of the municipal <br />water oovered by some of the junior priorities were placed in the infirm status. <br />If suffioient water is not available to satisfy all uses it would appear again <br />that it will be California's problem to take oare of her requirements in order <br />of importanoe out of the water available to her. <br /> <br />12. The amount of water to be reoeived by Mexioo fram the Colorado River <br />under the terms of the proposed treaty probably does not exceed the amount <br />Mexioo would have reoeived under the offer made in 1929, whioh offer has fre- <br />quently been interpreted to mean a delivery of 750,000 acre-feet to Mexioo. <br />Suoh offer inoluded, in addition to the 750,000 aore-feet, main oanal losses, <br />and in addition thereto Mexioo would have reoeived all drainage and other water <br />reaching the stream below the point of delivery. <br /> <br />l <br /> <br />13. It has been alleged that the maximum use of water by Mexioo prior to <br />the oonstruotion of Boulder Dam was 750,000 aore-feet. This, together with all <br />other reported uses of water by Mexioo, represents the aggregate amount of water <br />delivered to the Mexioan laterals of the Alamo Canal. To arrive at the true <br />amount of water diverted at the Rookwood heading for the benefit of Mexioo there <br />should be added to the reported quantities Mexioo's share of the oanal losses <br />and her share of the water which tailed into Salton Sea. When these quantities <br />are added to the amounts delivered to the Mexioan laterals, in some instanoe~ <br />it may be that the actual quantities of water diverted fram the river for <br />Mexioots benefit would not be substantially less than the 1.500,000 aore-feet <br />allooated to Mexioo by the terms of the treaty. Mexioo's use of water in eaoh <br />of the years of 1943 and 1944 exoeeded 1,800,000 aore-feet. <br /> <br />.; <br /> <br />14. It has been alleged that Mexico oould not have used in exoess of 750,- <br />090 acre-feet prior to the oonstruotion of Boulder Dam and that the benefits of <br />that dam by Congressional aot are all reserved for the United States. <br /> <br />(a) There was aotually diverted from the river more than 750,000 <br /> <br />~~~ <br />