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Show 164 of the dam for the purpose of "improving navigation" and Section 6 provides that the dam is to be used "First, ... for improvement of navigation . . ." Congress thus rejected the declaration of non-navigability in Article IV (a) of the Compact. That Article specifically provides that: "If the Congress shall not consent to this paragraph, the other provisions of this compact shall nevertheless remain binding." C. The Boulder Canyon Project Act: Section 4(a) and the California Limitation Act The first paragraph of Section 4(a) establishes a limitation on California's consumptive use of mainstream water, and, as will be developed later, this limitation forms an integral part of the interstate allocation which the water delivery contracts have made. Section 4(a) provides, in part, that the Act shall not take effect and the proposed dam shall not be constructed unless and until (1) all seven of the interested states had ratified the Colorado River Compact, or: "(2) [I]f said States fail to ratify the said compact within six months from the date of the passage of this Act then, until six of said States, including the State of California, shall ratify said compact and shall consent to waive the provisions of the first paragraph of Article XI of said compact, which makes the same binding and obligatory only when approved by each of the seven States signatory thereto, and shall have approved said compact without conditions, save that of such six-State approval, and the President by public proclamation shall have so declared, and, further, until the State of California, by act of its legislature, shall agree irrevocably and unconditionally with the United States and for the benefit of the States of Arizona, Colorado, Nevada, New Mexico, Utah, and Wyoming, as an express covenant and in consideration of the passage |
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Original Report: State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Imperial 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 |