AZ vs. CA:24 California Exhibits, Vol. XXIV; Miscellaneous

page A68

A68 APPENDIX 2 08 water consumption of 290,000 acre-feet. According to the estimate made by the reclamation service, this acreage may be increased to 285,000 with a consumptive use of 1,150,000 acre-feet. The estimate, therefore, of future consumption of water in the lower basin from the Colorado river proper is approximately 5,000,000 acre-feet. Deducting this from the flow at Lee's Ferry available after the maximum use in the upper states is attained, we have a surplus of something more than 6,000,000 acre-feet. It is also estimated that when the waters of the-river are conserved by storage dams so that the flow may be stabilized, a maximum of 4,000,000 horsepower may be developed between the Utah line and the mouth of the Grand canyon; this, too, without interfering with the proper and full use of the water for agriculture and domestic uses below. It is in view of the facts above stated that the compact provides for another apportionment after forty years from its ratification. This provision is especially advantageous to Arizona because of the limited number of acres the estimates now give us and the possibility that the engineering commission now in the field may report that a very considerable additional acreage is possible of reclamation within a cost that shall not be prohibitive, and if this proves to be the case Arizona undoubtedly will become the beneficiary of this surplus, for there is no other part of the basin in which it can possibly be used. Bearing these facts in mind, let us briefly examine the provisions of the compact with respect to the allocation of uses. It will be observed that the compact does not divide the waters of the river. What is apportioned is the right to the beneficial consumptive use of the water for agriculture and domestic uses. In other words, it gives to each basin the right to acquire title as against the other basin to rights of appropriation up to a maximum sufficiently large to cover all known probable uses, leaving the disposition of title to the remainder to be made after a period of forty years. In paragraphs "A" and "B" of Article III there is apportioned to the upper basin the exclusive consumptive use of 7,500,000 acre-feet of water per annum and to the lower basin the exclusive beneficial consumptive use of 8,500,000 acre-feet per annum. The legal effect of this apportionment is that the lower basin may not complain of the diversion and use of water in the upper basin for agriculture and domestic uses provided the annual limit of 7,500,000 acre-feet is not exceeded, but may complain if that limitation is exceeded so as to prevent the full use of 8,500,000 acre-feet annually in the lower basin. There is nowhere in the compact any limitation upon the use of water anywhere for power except that such use in the upper basin may not limit or restrict the use of the water for agriculture and domestic uses in the lower basin. There is nothing in the compact that restricts or limits the use of water in the lower basin, and the full flow of the