AZ vs. CA:12 California Exhibits, Vol. XII; Nos. 1350-1383; 1400-1446; 1501-1518; 1601-1603; 1701-1703

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-44- Order of Uses-Fiction of Improvement of Navigation Section 6 states the order of the uses to which the dam and reservoir shall be put; first, for river regulation, improvement of navigation, and flood control; second, for irrigation and domestic uses; third, for power. The words, "improvement of navigation," constitute an amendment, inserted in an attempt to cure the unconstitutional foundations upon which the measure rests. A further amendment directs the Federal Power Commission to approve no applications for permits or licenses upon or affecting the Colorado River or any of its tributaries, until the Act shall become effective. An exception in favor of the Gila River is of dubious advantage in the light of a later provision (Sec. 13), which after declaring ratification of the Colorado River Compact, further declares that "all * * * permits, licenses * * * or other privileges from the United States * * * necesary or convenient for the use of waters of the Colorado River or its tributaries, or for the generation * * * of electrical energy generated by means of the waters of said river or its tributaries, whether under this Act, the Federal Water Power Act, or otherwise, shall be upon the express condition * * * that the rights of the recipient * * * shall likewise be subject to and controlled by said Colorado River Compact." Transfer of Title-An Alternative Diversion Dam Section 7 provides for the transfer to the irrigation districts of Imperial and Coachella Valleys of title to the Ail-American Canal and appurtenant structures, which would include the alternative diversion dam authorized in section 1, when repayment to the United States of the money ad-