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

page 40

__40__ states and with the Government, without becoming a party in like formal manner. When the Upper Basin states agreed in the Compact (Article III (d) ) for the benefit of the entire Lower Basin, Arizona included, that the Upper Basin States would turn down to the Lower Basin a guaranteed average of 7,500,000 acre feet of water if needed, per annum, regardless of the effect upon them, they assumed a tremendous and dangerous burden. They assumed it, however, in consideration of the apportionment to their own Basin. Arizona presumes now to benefit by that guaranty. It is submitted that a fair interpretation of the Act and Compact requires, since she is the State and not a citizen of the State, that if she would avail herself of the benefits of the Compact and of the vast expenditures under the Act, she must give to the Compact the same formal ratification given by the other states and by the Government itself. VI The Proposed Contract Contains Numerous Obscurities and Ambiguities, and Therefore Should Not be Executed. Paragraphs 4, 8, 11 (a), 11 (b), 11 (e) and 18. All these paragraphs refer to constructions, claims, reservations, qualifications and interpretations which Arizona apparently is unwilling to define, which are known to her alone and which, as to many, she apparently asks of the Secretary that he accept on faith. Whatever they may mean, they are shot through with illegality because as has been shown already, they are intended at least as encroachments upon the apportionment to the Basin of the Upper States.