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Show not having ratified the samej but according to the condition attached to the rights-of-way, the use of such waters would be subject to the Colorado River compact although not ratified by the State of Arizona, and the total use of water in the lower-basin States, as defined by the Colorado River compact, would be limited as above set forth." Calif. Ex. 7802: Memorandum by James R. Moore, Special Assistant Attorney General for Arizona, dated July 1, 1935-^ This memorandum relates to the proposed amendment to H.R. 6732, authorizing Headgate Rock Dam. Mr. Moore refers to the language of Article III(a) of the Compact in discussing the meaning and effect of the California Limitation Act, construing that statute with this unmistakable reference to Compact classifications: "Hence, with California legally and Nevada topographically restricted to aggregate annual uses of 4,700,000 of the 7,500,000 acre-feet per year apportioned to the lower basin by paragraph (a) of article III of the compact, plus one-half of unapportioned waters, the remainder of the water so apportioned, amounting to 2,800,000 acre-feet per year plus one-half of the excess or surplus unappropriated water, estimated at 750,000 acre-feet per year, can be used in the United States only for irrigation of public and Indian lands in Arizona. There are no lands in private ownership in that State to which the water can be economically applied. "Therefore, unless so used, the water apportioned to the lower basin which California may not and Nevada cannot use, aggregating 3*550,000 acre-feet per year, necessarily will flow down the river . . . ." -f Mr. Moore had represented Arizona in the Parker Dam case, United States v. Arizona, 295 U.S. 17^ (1935). III-120 |