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

page 3

CONGRESSIONAL RECORD-SENATE 5. California and the compact: Pursuant to the requirements of subsection (a) of section 4 of the Boulder Canyon Project Act, California, by act of its legislature, agreed " irrevocably and unconditionally with the United States and for the benefit of the States of Arizona, Colorado, Nevada, New Mexico, Utah, and Wyoming, that the (its) aggregate annual consumptive use (diversions less returns to the river) of waters of and from the Colorado River shall not exceed 4,400,000 acre-feet of the waters apportioned to the lower-basin States by paragraph (a) of article III of the Colorado River compact (7,500,000 acre-feet per year) plus not more than one-half of any excess or surplus waters unapportioned by said compact." The unapportioned water is estimated to be 1,500,000 acre-feet annually. Hence, with California legally and Nevada topographically restricted to aggregate annual uses of 4,700,000 of the 7,500,000 acre-feet per year apportioned to the lower basin by paragraph (a) of article III of the compact, plus one-half of unapportioned waters, the remainder of the water so apportioned, amounting to 2,800,000 acre-feet per year plus one-half of the excess or surplus unappropriated water, estimated at 750,000 acre-feet per year, can be used in the United States only for irrigation of public and Indian lands in Arizona. There are no lands in private ownership in that State to which the water can be economically applied. Therefore, unless so used, the water apportioned to the lower basin which California may not and Nevada cannot use, aggregating 3,550,000 acre-feet per year, necessarily will flow down the river, after generating power at Boulder Dam, and be available for use on about 1,000,000 acres of irrigable land in Mexico, just below the border. A conservative, capital value of this water, with the regulated flow provided by Boulder Dam, for irrigation in Mexico is $25 per acre-foot or a total value of $88,750,000. Its value for use in the United States is twice as much. The upper-basin States apparently would prefer to present this water to Mexico, free of charge, rather than to have it used in the United States. Such a gratuity was not intended by the Colorado River compact or by Congress. James R. Moore, Special Assistant Attorney General for Arizona. Washington, D. C, July 1, 1935.