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

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- 20 - water to be used in the Lower Basin far in excess of that Basin's Compact apportionment. The above has not taken into consideration the amount of water lost by evaporation in the Boulder Canyon Reservoir, etc., which has been estimated at approximately l,OOO,tX)O acre feet per year, nor has the amount, which may be awarded by treaty for use in the Republic of Mexico, been considered, both of which would bring about further use of water greatly in excess of the annual flow of the River System. Nor has any use of water in the State of Nevada been accounted for in said tabulation, and every one concedes that State a right to use of some water from the system. At the time of negotiation of the Compact the total average annual flow of the Colorado River System was estimated at about 20,000,000 acre feet, but more recent estimates of the average annual flow place the amount at 18,000,000 acre feet, but the annual flow is now less than the latter amount. It follows without argument, that to bring about such a condition upon the River System is violative of the provision of both the Compact and the Project Act, and administrative difficulties would immediately arise, which could not be overcome. PARAGRAPH 11 (a) OF THE ARIZONA CON-TRACT: Here the purposes of Arizona become more apparent. It now appears clearly that the contract water is to come from the " water physically available for delivery in the Lower Basin under the terms of this contract in conformity with the Boulder Canyon Project Act and the Colorado River Compact." The water is not to be legally available, that is, available under the Act and the Compact, but merely happening to be physically present in the reservoir. Of course, the Secretary cannot physically prevent water from coming