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

page 16

16 Arizona's claim, by its bill, to an affirmative right to an equitable share of the water is based upon the right of the state to appropriate to use within the state waters of a river which flows within or through the state. Such right on the part of the State of Arizona does not arise under the Boulder Canyon Project Act, nor, under the holding of this Court in Arizona vs. Calironia, 283 U. S 423, was the assertion of this right on the part of Arizona to appropriate the waters of the river the assertion of any right in contravention to the provisions of the Boulder Canyon Proj ect Act. We submit that there is manifest error in the opinion and decision of the Court, inadvertently arrived at, in finding and holding that: 1. "Arizona does not assert any right to the benefit of the undertaking of California, in conformity to the Boulder Canyon Project Act, to restrict its own use of the water". 2. "The allegations and prayer of the bill are of significance only if Arizona, in advance of any act of appropriation, and independently of any rights which she may have acquired under the Boulder Canyon Project Act, may demand a judicial decree exempting the available water of the river, or some of it, from appropriation by other states until the indefinite time in the future when she or her inhabitants may see fit to appropriate it", all to the injury and prejudice of the State of Arizona in the protection and enforcement of its right to the benefit