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Show 200 is the 1,000,000; but the language referred to any other waters. Mr. King. Speaking for myself, I have no objection; but I was under the impression that the purpose was to link it with paragraph (b) so as to be sure that California was to receive one-half of the 1,000,000 acre-feet. Mr. Johnson : Not necessarily. This gives one-half of the unapportioned water, and I think it is a better way to leave the matter. Mr. King. If it is sufficiently certain to suit the Senators of the lower basin, I have no objection. Mr. Johnson. I think it is."61 Whatever Senator Johnson may have meant by his replies, he obviously was not suggesting that Senator King was incorrect in his assumption that California could share in so-called III(b) water. This is apparent also from the second paragraph of Section 4(a) which allocates to Arizona half of the "excess or surplus waters unapportioned by the Colorado River compact." As pointed out by Senator Hayden, this language was corollary to the limitation on California in the first paragraph. See pages 174-175, supra. Thus if Article III(b) water was barred to California under the first paragraph, neither was it allocated to Arizona in the second paragraph. Since Nevada represented that she could not utilize this water, Arizona's and Nevada's construction would impute to Congress an intention to have one million acre-feet go to waste. The reasons given compel the conclusion that "excess or surplus waters unapportioned by said compact" as used in Section 4(a) includes all consumptive use above the first 7.5 million acre-feet of mainstream water in the Lower Basin, in the United States, in one year. 8170 Cong. Rec. 459 (1928), Ariz. Legis. Hist. pp. 64-65. |
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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 |