AZ vs. CA:25 California Exhibits, Vol. XXV; Nos. 7501-7859

page 18

18 and put to beneficial use prior to June 25, 1929. The State of New Mexico has but a slight interest, and the States of California, Nevada, Utah, Colorado and Wyoming have no interest whatever in said water. Since said compact provides that the water apportioned thereby shall include all water necessary to supply existing rights, the effect of including the Gila River and its tributaries as a part of said system would be to reduce by 3,000,000 acre-feet annually the quantity of water now subject to appropriation in Arizona. (4) Said compact defines the terms "Colorado River Basin," "Upper Basin" and "Lower Basin" so as to include therein not only the actual drainage basin of the Colorado River, but also all parts of Arizona, California, Nevada, Utah, Colorado, New Mexico and Wyoming outside of said drainage basin, which are now or shall hereafter be beneficially served by water diverted from said Colorado River System. Thus said compact pretends to recognize and attempts to establish a right to use said water outside of the actual drainage basin of the Colorado River, which pretended right the State of Arizona expressly denies. Arizona is almost wholly within the actual drainage basin of the Colorado River. No part of Arizona outside of said drainage basin is or can be beneficially served by water diverted from said system. Hence the State of Arizona would not be benefited, but would be greatly injured, by including in said Upper and Lower Basins areas situated outside of said drainage basin and served by water diverted from said Colorado River System. The effect of such inclusion would be to reduce the quantity of water now subject to appropriation in Arizona by such quantity as might be diverted for use in such outside areas.