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

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Should that situation arise, and were it determined that California's right was based on all the water apportioned to the lower basin, including the 1,500,000 acre feet appropriated by Arizona, undoubtedly Arizona could not require the Secretary to deliver water to the extent that California's right would be infringed upon. Whether Article III of the compact intended to include the waters of the tributaries in Arizona as part of the basic figure upon which California's right under section 4(a) of the act is based, is a question which is warmly contested between Arizona and California, being the principal reason why Arizona has refused to sign the compact. The contract does not purport to decide this issue and the likelihood Is that a situation will not arise when it will have to be decided. In view of the fact that, in any event, the Secretary's authority to deliver water cannot be exercised so as to infringe on California's right and in view of the fact that a situation of the kind above pointed out is not likely to arise, it is perhaps Immaterial to include the proposed express limitation on subsection (a). Its Inclusion or exclusion is really an administrative question. Should It be decided to Include this or a similar provision, the following change is suggested: "but In so far as rights here specified may be determined to be part of the water allotted to the lower basin, the obligation under this contract to deliver 2,800,000 acre feet is reduced to the extent that a delivery of this amount would interfere with rights given to California under section 4(a) of the act." In other respects, the contract is submitted as being within the authority of the Secretary to make. Accompanying this contract, Is a letter in the form requested by the Arizona Colorado River Commission. This letter is not to be signed by the Secretary unless it is approved by the Solicitor and concurred in by the Secretary.