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<br />65 <br /> <br />4l <br /> <br />, <br /> <br />oourt only establishes rights as they exist, meaning that there is <br /> <br />... <br /> <br />only apportioned rights to water when the water has been supplied? <br /> <br /> <br />MU. DhVIS: What I had in mind was this. No court would have <br /> <br />power to May that a certain amount of water should go down to <br /> <br />Mexico for the supply of lands which had no water rights at <br /> <br />present. Whileoby treaty such an obligation could be establ:i:shed _ <br /> <br />that was the idea. <br /> <br />MH. ChLDWELL: Maybe a court might say that in certain even- <br />tualities water would go down to supply these lands, virtually <br /> <br />having tne same effect as atreaty allocating a lump of water. <br /> <br />Mh. Di,VIS: I can't imagine just how such a thing could <br /> <br />. <br /> <br />arise. hre you referring to a contract down there for half of that <br /> <br />water? <br /> <br />~ <br /> <br />MR. Ci,WWELL: Yes. <br /> <br />Mh; SLOi,N: Yes, on the basis of contract. <br /> <br />MiL DiNIS: Thc.t's a iJOssibility; then it would immediately <br /> <br /> <br />raise the question of t4e validity of the contract, because there <br /> <br />is existing right on that contract. <br /> <br />Mit. Cl,LDWELL: It might be as far reaching as a treaty up to <br />the terms of the contract. <br /> <br />MR. DhVIS: Yes, but I had in mind the treaty06bligation would <br /> <br />be much broader - would involve a larger amount of water than <br /> <br />involved under that contract. <br /> <br />. <br /> <br />MR. MC KISICK: On the other hand there is this possibility: <br /> <br />That we run along as conditions now exist, supplying the Mexican <br /> <br />. <br /> <br />demand out of the diversions made by the Imperial Valley up to the <br />extent of their present use. When the all hmerican Cannl is <br /> <br />constructed, and diversions are no longer made through the Mexioo.n <br />