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Show APPENDIX X X-17 -11- 2. The United States, in reporting consumptive use of main stream water as required by Article V(B) of the decree, has failed to give diverters of main stream water in the State of California what we contend to be proper credit for all return flows. Therefore, this list of present perfected rights in California is submitted without prejudice to adjustment upward of California's figures should the Government's position be partially or wholly sustained. 3. It has not been possible to determine whether certain persons pumping ground water within the natural Colorado River drainage basin were, prior to June 25, 1929, or are now in fact using main stream water accountable under the decree or using tributary water not covered by the decree. Whenever this uncertainty is resolved, either by stipulation of the parties to this suit or by the Court, the State of California may add to or delete from the foregoing list during the jMtmtancy of the present proceedings under Article VI. This list is submitted without prejudice thereto. Dated: March 9, 1967. Respectfully submitted, Thomas C. Lynch, Attorney General, Nohtiicutt Kly. Special Assistant Attorney General, Burton J. Gindler, David B. Stan ton, Deputy Attorneys General, C. Emerson Duncan II, Esq.. Attorneys for Defendant State of California. |