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Show A34 APPENDIX 2 05 Question 5. Why is the basis of division changed from the il Colorado River system" to the "river at Lee Ferry" in paragraph (d) of Article III, the period of time extended to 10 years and the number of acre-feet multiplied by 10? (a) I do not think there is any change in the basis of division as the result of the difference in language in Articles III (a) and III (b). The two mean the same. By reference to Article II (f) it will be seen that Lee Ferry, referred to in III (d), is the determining point in the creation of the two basins specified in III (a). The use of this term makes it plain that the 75,000,000 acre-feet are to be delivered in the main channel of the river above the various tributaries which contribute water below. (b) The agreement as to the flow of 75,000,000 acre-feet at Lee Ferry during each 10-year period fixes a definite quantity of water which must pass that point. Urder III (a) each basin is entitled to the use of 7,500,000 acre-feet annually. Judging by past records, there will always be sufficient flow in the river to supply these quantities, but in the improbable event of a deficiency, the lower basin has the first call on the water up to a total use of 75,000,000 acre-feet each 10 years. While there was in che commission a firm belief that no such shortage will ever occur, still this provision was adopted as a matter of caution. The period of 10 years was fixed as a basis of measurement, as being long enough to allow equalization between years of high and low flow, and as representing a basis fair to both divisions. Question 6. Are the 1,000,000 additional acre-feel of water apportioned to the lower basin in paragraph (b) of Article III supposed to be obtained from the Colorado River or solely from the tribuiaries of that stream within the Stale of Arizona? The use of the words "such waters" in this paragraph clearly refers to waters from the Colorado River system, and the extra 1,000,000 acre-feet provided for can therefore be taken from the main river or from any of its tributaries. Question 7. If more than 1,000,000 acre-fed of water are beneficially used and consumed annually on the tributaries of the Colorado River in Arizona, will the excess above that amount be charged against the 75,-000,000 acre-feel of water to be delivered at Lee Ferry during any 10-year period, as provided in paragraph (d) of Article III? In other words, will the use of any amount of water from the tributaries of the Colorado below Let Ferry in any way relieve the Stales of the upper division from their obligation not to cause the flow of the river to be depleted below 75,-000,000 acre-feel %n any period of 10 consecutive years? I can see no connection between the use of waters in Arizona from Colorado River tributaries and the obligation of the upper States to |
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Original book: [State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Coachella Valley County Water District, Metropolitan Water District of Southern California, City of Los Angeles, California, City of San Diego, California, and County of San Diego, California, defendants, United States of America, State of Nevada, State of New Mexico, State of Utah, interveners] : |