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Show 300 WAR FOR THE COLORADO RIVER 6. Only the Supreme Court can say whether the controversy is justiciable (Report of Department of Justice, Hearings, p. 30), that is, whether it will assume jurisdiction at this time. Nevada, California, and the Interior Department say that the cause is justiciable (Report of Department of the Interior, Hearings, p. 25). That jurisdictional question will necessarily be determined without delay at the outset of the case. 7. Arizona now opposes a judicial determination of the con- troversy which she herself has taken to the Supreme Court three times. Her efforts having been ineffective for various reasons, among them the failure to ask the consent of Congress to joinder of the United States as a necessary party. (Cf., Arizona v. Cali- fornia, cited, Hearings, p. 30). Arizona seeks, instead, a politi- cal solution through the authorization of the Central Arizona Project. 8. The Central Arizona Project is not in accord with the pro- gram of the President (Letter of Director of the Bureau of the Budget to the Secretary of the Interior, February 7, 1949), and can only be furnished water by taking water from projects al- ready constructed and operating (Report of Department of In- terior, Hearings, p. 26). 9. The issues, as defined by the Department of the Interior (Hearings, pp. 24-25) are all questions of law and of inter- pretation of written instruments, primarily the Boulder Canyon Project Act, the Colorado River Compact, and the California Limitation Act. They can all be disposed of speedily, without protracted testimony. 10. The objections to a judicial determination offered by Ari- zona and her friends are all specious. Thus: A. That there is no present justiciable controversy (Hear- ings, p. 276). But the Interior Department says (id. p. 25): "It matches in every particular the requirements for a 'case' or 'controversy' in the constitutional sense of these words as those requirements were spelled out by the Supreme Court . . /' (citing cases). B. That the Upper Basin states are negotiating a compact (id. p. 282), and that passage of this resolution would |