OCR Text |
Show create the inference, which would be subject to the same objection by Arizona, that the 2,800,000 acre feet referred to in subdivision (a) was comprised of both apportioned and unapportioned water. "Secondly, Article 10 was purposely designed to prevent Arizona, or any other state, from contending that the proposed contract, or any provision of the proposed contract, resolves any issue on the amounts of water which are apportioned or unapportioned by the compact, and the amounts of apportioned or unapportioned water to which the respective states are entitled. The language of Article 10 is plain and unequivocal However, to overcome California's fear, as expressed in its brief, that subdivisions (a) and (b) of Article 7 would control over Article 10, the words 'This contract shall not impair' in the first line of Article 10 have been deleted and the words * Neither Article 7> nor any other provisions of this contract, shall impair' have been substituted therefor. "Secretary Wilbur, acting under the authority of Section 5 of the Boulder Canyon Project Act during the years 1930 to 1933, executed contracts with California interests for the delivery of 5,362,000 acre feet of water from Lake Mead subject to its availability under the compact and act. By reason of its limitation act California concedes that the 962,000 acre feet in excess 4,400,000 acre feet must come from its share of one-half of the excess or surplus water unapportioned by the compact. It is apparent that the 962,000 acre feet can only be delivered subject to the prior rights of the other Lower Basin states to the apportioned water available to them under the compact. Also, under Article IIl(c) of the compact any rights for use of water in Mexico recognized by treaty must first be supplied from surplus water in the Lower Basin and, if that is not sufficient, the deficiency must be borne equally by the Upper and Lower Basins. Therefore, California's concern in the amount of water available to Arizona under the compact and the amount of water which the |