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<br />-, <br /> <br />E. Diversions From Lake Havasu <br /> <br />The actual diversion of the waters delivered pursuant <br /> <br />to the Agreement at Lake Havasu involves two distinct areas: <br /> <br />(1) apportionment of Colorado River waters between the Lower <br /> <br />Basin States, and (2) division of California's apportionment <br /> <br />between users in California. <br /> <br />1. Lower Basin States Apportionment <br /> <br />In consenting to the COlorado River Compact, Congress <br /> <br />prDvided for its becoming effective upDn the approval of-the <br /> <br />legiSlatures of six instead of all seven states, due to <br /> <br />Arizona's then recalcitrance, if California was one of the six. <br /> <br />Further, Congress required as . condition of the effectiveness <br /> <br />of the Boulder Canyon Project Act that the Compact be approved <br /> <br />by all seven states, or if by $ix including California, that <br /> <br />California by an act of the Legislature agree to limit its <br /> <br />annual consumptive use to 4,400,000 acre-feet, plus one-half of <br /> <br />any surplus. This was accomplished in 1929 through the <br /> <br />California Limitation Act. <br /> <br />The 1964 decree of the United States Supreme Court in <br /> <br />Arizona v. California, provides that if sufficient water is <br /> <br />available fDr annual consumptive use of the 7,500,000 acre-feet, <br /> <br />there shall be apportioned 2.800,000 acre-feet for use in <br />6/ <br />Arizona, plus 50 percent of any surplus- , 4,400.000 acre-feet <br /> <br />for use in California, plus 50 percent of any surplus, and <br /> <br />300,000 acre-feet for use in Nevada. Any mainstream water used <br /> <br /> <br />within a state is charged to that state's apportionment. It <br /> <br />11. <br />