OCR Text |
Show 195 graph of Section 4(a), and who supported the second paragraph, obviously did not intend to divide surplus in the entire System between two Lower Basin states. It might be thought that appropriations of surplus would not be firm rights since these appropriations are subject to divestment in the event of a further equitable apportionment by compact after 1963, and therefore that Congress was not concerned about the matter. But congressional concern can not be brushed off so lightly. There is nothing to compel any state to ratify a compact making such further apportionment. Moreover, in answer to questions about the Compact propounded by Senator Hayden, Herbert Hoover stated that appropriations from surplus would doubtless be recognized in a future equitable apportionment.54 Whether or not this position is, in fact, correct, it could hardly be expected that the Upper Basin Senators were willing to run the risk that it would prevail. Surplus in a Compact sense means, in quantitative terms, water in the System in excess of appropriations of 16,000,000 acre-feet in the United States plus 1,500,000 acre-feet of water delivered to Mexico. Hence, appropriations from surplus could not commence until the 17,500,000 acre-feet were exhausted. Even putting aside the Mexican burden because it did not exist in 1928, it is not credible that Congress considered surplus in the Project Act sense to be water in the System in excess of 16,000,000 acre-feet. To attribute this view to Congress would ascribe to it an intent that no surplus would be available to Arizona and California until there were 16,000,000 acre-feet of appropriations, which, of course, did not exist in 1928 and seemed unlikely to occur in the foreseeable future.55 This is not to say that "surplus" and "unapportioned water" have no rational meaning as used in the Compact. 54Special Master's Ex. No. 4, The Hoover Dam Documents, p. A36, Ariz. Ex. 55. *5Ibid. |
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Original Report: State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Imperial Irrigation District, Coachella Valley County Water District, Metropolitan Water District of Southern California, City of Los Angeles, California, City of San Diego, California, and County of San Diego, California |