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<br />ever the intrastate regulation and control may be it cannot effect-
<br />the interstate relations, No law of any state can have extrater-
<br />ritorial effect or interfere with the operation of the compact as
<br />between the states, .
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<br />!-<"-
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<br />"BENEFICIAL CONSUMPTIVE USE".
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<br />In my original report (printed in the Senate Journal of
<br />Jan, 5, 1923) I discussed and defined the term "beneficial con-
<br />sumptive use", In addition to the discussion there contained,
<br />I might add there is a vast difference between the term "bene-
<br />ficial use" and the term "beneficial consumptive use", A use
<br />may be beneficial and at the same time non-consumptive or the
<br />use may be partly or wholly consumptive, A wholly consumptive
<br />use is a use which wholly consumes the water, A non-consump-
<br />tive use is a use in which no water is consumed (lost to the
<br />stream), "Consume" means to exhaust or destroy, The nse of
<br />water for irrigation is but partially consumptive for the reason
<br />that a great part of the water diverted ultimately finds its way
<br />back to the stream, All uses which are beneficial are included
<br />within the apportionments (i. e, domestic, agricnltnral, power,
<br />etc.), The measure of the apportionment is the amount of water
<br />lost to the river. The" beneficial consumptive use" refers to the
<br />amount of water e'lhausted or lost to the stream in the process
<br />of making all beneficial uses, As recently defined by Director
<br />Davis of the U, S, Reclamation Service, it is the" diversion minus
<br />the return flow", (Congressional Record, Jan, 31, 1923-p, 2815,)
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<br />AMOUNT OF FLOW AT LEE FERRY,
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<br />The net measured flow of the Colorado River at Lee Ferry
<br />(after all uses above) was 16,000,000 acre-feet from September
<br />30, 1921, to September 30, 1922, according to the report of the
<br />Director of the U,S, Geological Survey, The net flow of the
<br />whole river (aft!lr ",11 uses above Yuma) has been measured and
<br />recorded at Yuma, Arizona (below all tributaries including the
<br />Gila River) since 1899, The mean or average flow at Yuma for
<br />the twenty-year period 1903-1922 is 17,400,000 acre-feet per an-
<br />num, The flow September 30, 1921, to September 30, 1922, at
<br />Yuma was 17,600,000 acre-feet, This was 200,000 acre-feet (1%)
<br />greater than the . twenty-year average, (See Congressional
<br />Record, J an, 31, 1923-p, 2819), In other words the flow of the
<br />river for that period was 101% of normal. The flow of 16,100,000
<br />acre-feet at Lee Ferry therefore represents 101 % of the average
<br />annual net flow of the river at that point (after deducting all
<br />water cQnsumed during uses in the entire Upper Basin), As-
<br />suming that 2,500,000 is now annually consumed during uses
<br />in the Upper Basin, we would obtain a "reconstructed river" by
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