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Show 172 Colorado River Basin, in both the Upper and Lower Basins. See pages 194-195, infra. It is unlikely, particularly in view of Article III(f) of the Compact, that Congress intended to authorize Arizona and California to agree to divide among themselves all of the water in the Colorado River System unapportioned by the Compact, thus leaving nothing for the Upper Basin beyond its III (a) apportionment. Finally, Section 4(a), if read literally, would prohibit California from consuming water from the Colorado River in excess of 4,400,000 acre-feet of consumptive uses per annum until consumptive uses throughout the Colorado River Basin totaled 16,000,000 acre-feet per annum, a figure which is approximately twice the present total of consumptive uses. Thus, California is limited by Section 4(a) to 4,400,000 acre-feet per annum plus "not more than one-half of any excess or surplus waters unapportioned by" the Colorado River Compact. Surplus waters unapportioned by the Compact, if taken literally, means water in excess of that "apportioned" in Article III (a) and (b), which means water in excess of 16,000,000 acre-feet of consumptive use in the Colorado River Basin.30 Again it is extremely unlikely that Congress intended this literal result to apply. For the reasons stated above, Section 4(a) of the Project Act cannot be given a literal interpretation. Such an interpretation would fly in the face of what must have been the congressional intention; it would make no practical sense whatsoever. This being the case, I have construed Section 4(a) so as to comport with the purposes of Congress in enacting it and to effectuate a result which makes sense when the section is applied to the factual situation existing in the Colorado River Basin. 30See p. 195, infra. |
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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 |