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Show APPENDIX I 1-9 Departmental decisions. -Solicitor's opinion M. 28389 (April 4, 1936), advising that the Colorado River Compact authorizes the diversion of water from the natural watershed into another watershed "if the diverted water is to be used within the boundaries of the States through which the Colorado River system extends and * * * if the amount of that diversion does not create a use of Colorado River water in excess of that allowed by the provisions of the compact." See also Solicitor's opinion dated August 30, 1934 (54 I.D. 593), advising that section 4(a) of the Boulder Canyon Project Act, taken with Article HI(a) of the compact, limits the authority of the Secretary of the Interior in making contracts for the sale and delivery of water impounded behind Hoover Dam to users outside of California to such quantities as will not "interfere with the apportionment to California" made in the section of the Boulder Canyon Project Act cited. Proposed Lower Colorado River Compact.-By its Act of March 3, 1939 (Ariz. Laws 1939, p. 71), the legislature of Arizona proposed and "approved and accepted" a compact with the States of California and Nevada, neither of which has ratified the document. The proposed compact reads as follows: "The states of Arizona, California and Nevada, desiring to enter into a compact or agreement under the Act of Congress of the United States of America approved December 21, 1928 (45 Statutes at Large, page 1057, 'Boulder Canyon Project Act'), have agreed upon the following articles: "ARTICLE I "The major purposes of this Compact are to provide for the equitable division and apportionment of the use of the waters of the Colorado River System apportioned to the Lower Basin under the Colorado River Compact; to establish the relative importance of different beneficial uses of such water; to promote interstate comity; to remove causes of present and future controversies; and to secure the expeditious agricultural and industrial development of the Lower Basin, the storage of its waters, and the protection of life and property from floods. "ARTICLE II "As used in this compact: " 'Colorado River System' means that portion of the Colorado River and its tributaries within the United States of America; " 'Colorado River Basin' means all of the drainage area of the Colorado River System and all other territory within the United States of America to which the waters of the Colorado River System shall be beneficially applied: " 'States of the Upper Division' means the states of Colorado, New Mexico, Utah, and Wyoming; " 'States of the Lower Division' means the states of Arizona, California and Nevada; " 'Lee's Ferry' means a point in the main stream of the Colorado River one mile below the mouth of the Paria River; " 'Upper Basin' means those parts of the states of Arizona, Colorado, New Mexico, Utah and Wyoming within and from which waters naturally drain into the Colorado River System above Lee's Ferry, and also all parts of said states located without the drainage area of the Colorado River System which are now or shall hereafter be beneficially served by waters diverted from the system above Lee's Ferry; " 'Lower Basin' means those parts of the states of Arizona, California, Nevada, New Mexico and Utah within and from which waters naturally drain into the Colorado River System below Lee's Ferry, and also all parts of said states located without the drainage area of the Colorado River System which are now or shall hereafter be beneficially served by waters diverted from the system below Lee's Ferry; " 'Domestic Use' includes the use of water for household, stock, municipal, mining, milling, industrial, and other like purposes, but excludes the generation of electrical power. "ARTICLE III "(a) The aggregate annual consumptive use (diversions less returns to the river) of water of and from the Colorado River for use in the state of California, including all uses under contracts made under the provisions |