OCR Text |
Show - 42 - VII. The Arizona Proposal is Grossly Injurious and Unjust to the Protesting States of the Upper Basin. The Colorado River System is the last water hole as much for the Upper States as for Arizona. Under the threatening shadow of the rule of "priority regardless of State lines," which many claim as the principle for dividing water between states, it is manifestly unfair for the Government to go into any State in the arid West and by use of Federal funds, which are derived from all the States, help that State to acquire what might be a prior right as against another State. We submit that the proper way for the Government to proceed, when a major water project is involved, is to require in advance that the benefited State agree with the other State upon a reservation of water in the latter's favor to be unaffected by the project. A different procedure may be followed in the East where the riparian system prevails, but not in the arid West where the prevailing system is that of appropriation. The Compact apportions to the Upper Basin at the present time, for division principally among four states, only 7,500,000 acre feet. Even if this were divided equally among the four each would get less than 2,000,000 acre feet. Yet Arizona wants by contract from the Secretary 2,800,000 acre feet for herself out of water the Compact requires the Upper States to turn down and then about 3,500,000 acre feet more which she now claims. The Upper States speak now not of the illegality of the contract for its illegality has been shown already. They speak of its injustice. |
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Original book: [State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Coachella Valley County Water District, Metropolitan Water District of Southern California, City of Los Angeles, California, City of San Diego, California, and County of San Diego, California, defendants, United States of America, State of Nevada, State of New Mexico, State of Utah, interveners] : |