AZ vs. CA:13 California Exhibits, Vol. XIII; Nos. 1800-1842; 1901-1906; 2000-2044

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-45- fered in committee by the Senator from Wyoming [Mr. Kendrick] for the purpose of protecting the water rights of the four upper States. In other words, there are only 15,000,000 acre-feet in the river. Seven million five hundred thousand are forever to be retained in the upper States, to be put in use some time in the future. Now, unless there was an agreement as to exactly how much water should go to the lower States out of the 7,500,000 acre-feet that went down to them, what might be the result? If Arizona stays out of the agreement, she would have her legal right to appropriate as much water as she could put to beneficial use. On the other hand, California would only be restricted by the 7,500,000 acre-feet that went down, with the result that there would be nothing in the compact to prevent California from using the entire 7,500,000 acre-feet and there would be nothing in the compact to prevent Arizona from using the 7,500,-000 acre-feet if she never went into the compact. So the upper States said: "We have got to be assured that there is not used in the lower basin more than the 7,500,000 acre-feet, because, if there is more used, then when we get ready to use it in the future it will not exist under the law of appropriation that applies in that section of the country." Consequently, in view of the fact that Arizona might never go into the compact, might never be bound by the compact, might be perfectly free to exercise her equal right and put to use as much as she could put to beneficial use, it was said in the committee, "If Arizona does not come in and if it is limited to six States only, then we must be assured that California will not take the full 7,500,000 acre-feet and then Arizona take some more." So the Senator from Wyoming [Mr. Kendrick] offered an amendment in committee, to which the