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

page 5

prives the State of Arizona and the inhabitants thereof, of their property without due process of( law in contravention to the Fifth Amendment to the Constitution of the United States, in that, while not over-ruling the previous opinion and decision of this Court in Arizona vs. California,.283 U. S. 423, it is directly contrary to and inconsistent with said previous opinion and decision in that the opinion and decision herein holds that the United States, by the Boulder Canyon Project Act, has appropriated all the surplus water not already appropriated, or "has undertaken, in the asserted exercise of its authority to control navigation, to impound, and control the disposition of, the surplus water in the river not already appropriated", while the opinion and decision of this Court in Arizona vs. California, 283 U. S. 423, which is not over-ruled by the opinion herein, holds and declares that "the Boulder Canyon Project Act does not purport to abridge the right of Arizona to make, or permit, additional appropriations of water flowing within the state or on its boundaries." WHEREFORE, petitioner prays that a rehearing on petitioner's Motion for Leave to File Bill of Complaint be granted. John L. Sullivan, Attorney General, James R. Moore, Charles L. Strouss, Special Attorneys, Solicitors for Plaintiff.