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<br />, <br /> <br />253 <br /> <br /> <br />to di\ride the water, You can divido the use of tho nater, but I don't believe <br /> <br /> <br />you can divide the water itself, That is the assumption of an oVfllership in <br /> <br /> <br />the body of the water, not the use of water and I think there are essentially <br /> <br /> <br />different legal principles if I understand anything about it, I will ask <br /> <br /> <br />Mr, Hamele what he thinks about that, <br /> <br /> <br />MR. H,\J\<IELE: That is true, Mr. Chairman. Thero is no property right <br /> <br /> <br />in running nator and thoro couldn't be any division in a compact of this kind <br /> <br /> <br />of tho actual vrater, because it is only the use that is in question. It <br /> <br /> <br />passes on, 'goes down and the very water that is used in the uppor division <br /> <br /> <br />is used again ll1 the loner division. <br /> <br /> <br />MR. EMERSON: .Isn't this 7,500,000 acre feet consuniptivelyused by the <br /> <br /> <br />upper division.? <br /> <br /> <br />MR. HAMELE: As a matter of fact it isn't usod, for part of it goes dmm, <br /> <br /> <br />MR. DAVIS: If we were saying there is hereby vested in each division <br /> <br /> <br />the oWnership of so much water I would say the criticism is well founded, <br /> <br /> <br />but whero we are making a physical division ef so much1vater fer a certain <br /> <br /> <br />purpose I think there is,a distinction. <br /> <br /> <br />MR. CARPENTER: You are apportiening the water for use, for a purpose, <br /> <br /> <br />and that purpose is beneficial use, <br /> <br /> <br />QILURMAN HOOVER: When you get ever to these other, places you are going <br /> <br /> <br />to have discuss:i,ons on water rights in the sense of use, ' <br /> <br /> <br />~. mJERSON: Based upon the use of certain amounts of water. <br /> <br /> <br />MR. DAVIS.: The federal act usc:s a still differont oxpr'essien; provides <br /> <br /> <br />for an equitable divis:i,on and apportienment, among the .states of the water <br /> <br /> <br />supply of the Colorado Rivor, "Equitably divide and distribute' the vmter <br /> <br /> <br />supply of the Colorado IUver." You can follow that language if you. choose. <br /> <br /> <br />the Arizona, Act says, "The further utilization pf the vraters.ll <br /> <br />California says "use and disposition. II <br /> <br />.. <br /> <br />. <br /> <br />~ <br /> <br />. <br /> <br />. <br /> <br />A <br />