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Show 304 WAR FOR THE COLORADO RIVER Arizona Claims As to Arizona's claim of title to 3,800,000 acre-feet, which does not quite dovetail with her attack on California's rights: THREE-B WATER 1. Where did Arizona get title to the 1,000,000 acre-feet of in (b) water? She made that same claim in the second Supreme Court case, in 1934, and the Court rejected it as obviously in conflict with the face of the Compact, which gave the right to the whole Lower Basin, not just Arizona, to "increase its use" by this million acre-feet. GILA WATER 2. Why is the in (b) water all in the Gila and none in the main stream? Article in (a) says that the apportionment of 7,500,000 acre-feet must include all. water to supply "any rights which may now exist" on the Colorado River system, and Article n defines the system to include the Gila. Arizona said in the 1930 Supreme Court suit that the uses on the Gila, which date back to the '70s, would have to be charged to Article in (a), reducing her share of in (a) water on the main stream, and that that was why she was staying out of the Compact. When did Arizona's oldest rights, supplied in part by Roosevelt Dam, built in 1910, change their color from "rights which may now exist," under Article in (a) and "present perfected rights" under Article vtii, to the junior classification of an "increase of use" under Article in (b)? USES ON THE GILA 3. What is the magnitude of the uses on the Gila to be charged under the Compact? The measured inflow into the Phoenix area exceeds 2,000,000 acre-feet per year, and is all used. Why isn't this to be measured as the Mexican Water Treaty and the Boulder Canyon Project Act spell out, i.e., in terms of actual quantities consumed? If Arizona's actual use of 2,000,000 acre-feet is to be devalued to 1,000,000, as she claims, by the "stream depletion" method, why isn't Cali- fornia entitled to the same rule? And if no charge at all is to be made under the Compact for water salvaged on the Gila, why not the same rule for California on the main stream? |