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

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states constituting the Lower Basin are Nevada, Arizona and California* By Article III, the following apportionment is made: (a) There is hereby apportioned from the Colorado River system in perpetuity to the upper basin and to the lower basin, respectively, the exclusive beneficial consumptive use of 7,500,000 acre-feet of water per annum, which shall Include all water necessary for the supply of any rights which may now exist* (b) In addition to the apportionment in paragraph (a), the lower basin is hereby given the right to increase its beneficial consumptive use of such waters by 1,000,000 acre feet per annum. Paragraph (c) provides that if the United States should recognize in Mexico any right to the use of water from the Colorado itiver, such water snail first be supplied from surplus waters over and above the ag^-egate (a) and (b) and if such surplus is insufficient, such deficiency shall be borne equally by the upper and lower basins* Paragraph (f) also provides for further equitable apportionment of the waters unapportioned by (a), (b), (c) after October 1, 1963* Arizona contends that the compact as first proposed did not contain Article HI(b). The Arizona representatives refused to accept the proposed contract because of the inclusion of the Clla River and its tributaries without any compensating provision to Arizona. The problem was finally solved by adding paragraph (b) to Article ill and it was agreed among the representatives of several states that the additional 1,000,000 acre feet apportioned by paragraph (b) was intended for and shoold ^o to Arizona to compensate it for the waters of the prila River and its tributaries included within the definition of the Colorado River system* *t was further agreed that a supplemental tri-state compact among California, Nevada and Arizona should be adopted and that such supplemental compact should so provide* Subsequent efforts to negotiate the supplemental tri-state compact failed and Arizona, and Arizona alone, has never ratified the compact. Further attempts to negotiate a tri-state compact immediately prior to the passage of the Boulder Canyon Act likewise failed. (2) Boulder Canyon Pro.iect Act - 1928 On December 21, 1928 Congress passed the act authorizing the Boulder Canyon Project. Congress expressly provided by Section 4.(a), however, that the act should not take effect until (1) the seven Colorado River states had ratified the compact, or (2) six states, including California, had ratified the compact, and furtheri until the State of California, by act of its legislature, shall agree irrevocably and unconditionally v;ith the United States and for the benefit of the States of Arizona, Colorado, Nevada, New Mexico, Utah, and Wyoming, as an express covenant and in consideration of the passage of this act, that the aggregate annual consumptive use (diversions less returns to the river) of water of and from the Colorado River for use in the State of California, including all uses under contracts made under the