AZ vs. CA:25 California Exhibits, Vol. XXV; Nos. 7501-7859

page 31

- 31 - (b) The waters in this Interstate Stream are not the property of, nor is the consumptive use thereof subject to disposition by the United States, except in so far as the United States itself may be an appropriator of water. Such indeed is the doctrine asserted and contended for by the State of Arizona herself. We quote from her brief in the case of Arizona v. California, et al., 283 U. S. 423 1. c. 447, as follows: "If and wherever navigable, the Colorado River belongs to and is owned by the State in which it is situated. The State in its sovereign capacity owns the water in the river, the bed of the river, and its banks to high water mark. This is a full proprietary ownership. It is subject to the power of Congress to regulate commerce by improving navigation. It is not subject to any other restriction or limitation. The State, being the owner, has the exclusive and unrestricted right to use and dispose of the water in the river and the land under it, to authorize the use thereof by others, and to regulate and control such use in whatever manner and to whatever extent it sees fit, subject only to the power of Congress in respect to navigation. "Even assuming the Colorado River to be navigable, the United States does not own it, and has no right to use it or control it for any purpose, except that of regulating commerce by improving navigation. Not being the owner, the United States cannot, for any purpose or upon any pretext, sell or dispose of the water in the river or the land under it." Tn the case of Kansas v. Colorado, 206 U. S. 46, 1. c. 93, the Court said: