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<br />64 <br /> <br />.. <br /> <br />culigations,if any, which may exist, or may be determined to exist, <br /> <br />. <br /> <br />by the two governments, shall be equally apportioned botwoon and <br />equally borne by the upper basin and lower basin and the states <br />of the upper basin' shall deliver at Lee Ferry a quantity, of water <br />over and above that provided in Art. IIIx which will enable, tho <br />fulfillment of one half of the amount required to satisfy such <br />delivery." I don't know that we need say that. It is the U. S. <br /> <br />.f' <br /> <br />government as far as we are concerned in, the basin here, that <br /> <br />determines. <br /> <br />MiL Di~VIS: I rather like that lang1.:lUgo myself. That implies <br /> <br />treaty. <br />'JUDGE SLOhN: The other might imply executive action. <br />MiL Ci,i{PENTEH: Why not say 'nations.' <br />MH. HODVEH: Governments rather emply treaty, while nation? <br />might imply other processes. <br /> <br />.. <br /> <br />.. <br /> <br />MH. C1,HPENTER: 1,s determined by the nation, it is determined <br /> <br />by its government. <br />'NIH. HOOVI;;H: But it may be its Supreme Court. <br /> <br />MiL Ci,HPI;;NTEH: Of cour'se, pursuing ;tho.t one step f,urther, <br /> <br />that is a determination by a government ~ one branch of the <br /> <br />gcvernment .' <br /> <br />MR. MC KISICK: I think there is a great deal of force in <br /> <br />Judge Davis' contention. <br /> <br />Mi{. HOOVEH: It brings us buck merelY to the question of <br />determining "If any, which may be determ~ned to exist," - don't <br /> <br />. <br /> <br />>> <br /> <br />say who determines. I am eliminating the red rag to various <br /> <br />people. <br /> <br />Mil. CliLDWELL: lire we correct in as uming, JUdge, that a <br />