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Show UNITED STATES DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMATION WASHINGTON January 29, 1944-MEMORANDUM for the Solicitor. Subject: Hearing February 2 of California's objections to proposed contract with Arizona for the delivery of water from Lake Head for use In Arizona. The purpose of this memorandum is to acquaint the Secretary and you, prior to the hearing on February 2, with the factual background preceding the submission of the proposed contract; to summarise the issues between California and Arlsona; and to comment briefly upon the objections raised by California to the proposed cont ract • The proposed contract ie made under the authority of Section 5 of the Boulder Canyon Project Act (45 Stat. 1057), which authorises the Secretary to contract for the storage and delivery of water impounded by Boulder Dam. The proposed contract, in pertinent substance, providest (1) Subject to the availability thereof for use in Arizona under the provisions of the Colorado River Compact and the Boulder Canyon Project Act, the United States agrees to deliver from storage in lake Head a m^™ of 2,800,000 acre feet, and one-half of any excess or surplus waters unapportioned by the Colorado River Compact to the extent such water is available for use in Arizona under the Compact and Act. (2) The obligation to deliver water at or below Boulder Dam shall be diminished to the extent that consumptive uses now or hereafter existing in Arlsona above Lake Mead diminish the flow into Lake Head, and all consumptive uses of waters for uses In Arlsona of water diverted from Lake Mead or from the main stream of the Colorado River below Boulder Dam, v.hether made under the contract or not, shall be deemed, when made, a discharge pro tanto of the obligation of the contract. (3) A charge of fifty cents per acre foot shall be made for all later diverted directly from Lake Mead, and charges for the storage or delivery of water diverted below Boulder Dam shall be as agreed upon between the Secretary and such users at the time of execution of contracts therefor, provided such charges shall, in no event, exceed twenty-five cents per acre foot. (4) The contract shall not impair the right of Arizona and other states or the ua»rs of waters therein to maintain, prosecute or defend any action respecting, and is without prejudice to, any of the respective contentions of the states and water users as to (1) the Intent, effect, meaning and interpretation of |
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Original book: [State of Arizona, complainant v. State of California, Palo Verde 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, defendants, United States of America, State of Nevada, State of New Mexico, State of Utah, interveners] : |