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

page A70

A70 APPENDIX 208 The compact has been attacked because of its recognition of Mexican rights in the river. It is difficult to reconcile good faith with such attacks. What are the facts and what does the pact provide with respect to the rights of Mexico? There are now being served with water from the Colorado river through the canal that supplies the Imperial valley about 190,000 acres in Lower California. These lands are receiving approximately 900,000 acre-feet per annum. The canal that supplies these lands as well as the Imperial valley runs for the most part through Mexican territory. To obtain a right of way the promoters of the Imperial valley and the builders of this canal were compelled to agree that one-half of the water diverted might be used upon Mexican lands. Under this contract these Mexican lands may use as much as 5,000 second-feet or enough to supply 255,000 acres, which is the maximum that may be supplied by gravity from the canal. A total of 500,000 acres in Lower California is possible of irrigation by gravity supplemented by pumping with a consumption of approximately 2,250,000 acre-feet. In addition to the lands in Lower California there are approximately 250,000 acres lying east of the Colorado river in Sonora, but in order that these lands may be irrigated the diversion point must be in or about Yuma. No appropriation has yet been made of any water for these lands. The only provision in the compact with regard to Mexico is found in paragraph "C" of Article III, which in effect is that if the government of the United States shall by treaty with Mexico allot any water to these Mexican lands, the burden of supplying such water shall fall equally upon the states of the upper and lower basins. This provision was necessary in order to safeguard the lower basin. More than that, however, this provision is of distinct advantage to the lower basin in that it united the seven states in opposition to any demand that Mexico may make that if granted may adversely affect their interests. With .the seven states united in this way there is little or no probability that the United States will allot to Mexico in excess of 2,000,000 acre-feet. At any rate, water in excess of this amount ought never to be allotted as against any use that the States or any of them may possibly make. It must be remembered that Mexico is not a party to the compact and therefore can claim no right under it nor any benefit from any of its provisions. The critic who seeks to read anything of this sort into the pact either wilfully misrepresents it or is ignorant of the rules applicable to the construction of contracts. There has been some opposition to the compact on the ground that it does not attempt to allot water particularly as between California and Arizona. Had such an attempt been made it would undoubtedly have proven disadvantageous to Arizona for the reason that the ultimate development possible in California is definitely well known and