AZ vs. CA:12 California Exhibits, Vol. XII; Nos. 1350-1383; 1400-1446; 1501-1518; 1601-1603; 1701-1703

page 4

for which it was framed, which is declared in Article I to be- To provide for the equitable distribution and apportionment of the use of the waters of the Colorado River system. Paragraphs a and b of Article III provide that- There is hereby apportioned from the Colorado River system in perpetuity to the upper basin and to the lower basin, respectively, the exclusive beneficial consumptive use of 7,500,000 acre-feet of water per annum, which shall include all water necessary for the supply of any rights which now exist. In addition to the apportionment in paragraph a, the lower basin is given the right to increase its beneficial consumptive use of such waters by 1,000,000 acre-feet per annum. That is not a sufficient allotment. Here is a specific apportionment of 7,500,000 acre-feet of water per annum to the lower basin States of California, Nevada, and Arizona, and the acknowledgment of a right to increase their beneficial consumptive use by an additional million acre-feet. What the final interpretation of the somewhat uncertain paragraph b, relating to the additional million acre-feet might be-whether it also was intended as an allotment in perpetuity or merely a temporary right, subject to later alloment, is of small moment. In any event, the maximum amount of water which the compact gave the lower basin States the right to use was 8,500,000 acre-feet per annum. That is not enough. There is no informed man in the State of Arizona or student of Colorado River conditions but knows it is not enough. It was well known at the time the Colorado River compact was first presented to the Arizona Legislature. I knew it and repeatedly asserted it. When I say it is not a sufficient amount of