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Show 152 quirement for consultation by the Chief of Engineers with the Secretary of the Interior and for cooperation was made appli- cable to investigations concerned with the use or control of "waters arising west of the ninety-seventh meridian." 7 And in connection with the operation and maintenance of naviga- tion and flood-control projects authorized since 1944, Congress has provided that use for navigation of "waters arising in States lying wholly or partly west of the ninety-eighth meridian" shall be only such use as does not conflict with beneficial con- sumptive use for specified purposes, including irrigation.8 Nearly 95% of the total land irrigated in the United States is within the area generally referred to as the 17 Western States.9 These are: Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Da- kota, Oklahoma, Oregon, South Dakota, Texas, Utah, Wash- ington, and Wyoming.10 As we shall later see, each follows exclusively the appropriation doctrine of water rights, or recog- nizes it in part.11 Irrigation is also practiced to some extent 1 Act of December 22,1944, § 1 (a), 58 Stat. 887, 888. As previously noted, in providing for cooperation with "affected States," this statute defines that term to include those in which all or part of the works would be located; those which in whole or part are both within the drainage basin involved and situated in a State lying wholly or in part "west of the ninety-eighth meridian"; and such of those "east of the ninety-eighth meridian" as, in the judgment of the Chief of Engineers, will be substantially affected. See supra, pp. 96-97. Section l(c) of the 1944 Act also requires that, "The Secretary of the Interior, in making investigations of and reports on works for irrigation and purposes incidental thereto shall, in relation to an affected State or States (as defined in paragraph (a) of this Section) and to the Secretary of War, be subject to the same provisions regarding investigations, plans, proposals, and reports as described in paragraph (a) of this section for the Chief of Engineers and the Secretary of War." § l(c), 58 Stat. 889. 8 See, e. g., § l(b), 58 Stat. 889, and Act of March 2, 1945, § l(b), 59 Stat. 10,11; Act of July 24, 1946, § 2, 60 Stat. 641; Act of June 30, 1948, § 202, 62 Stat. 1171,1175; Act of May 17,1950, § 202, 64 Stat. 163, -. 9 In 1944, there were 19,431,000 acres of irrigated land in these States. Special Release Supplementing 1945 Census of Agriculture, Department of Commerce, Bureau of Census. "^See infra, p. 183. u See infra, pp. 156-158 and the summaries of portions of the relevant law of each of the States set forth in Appendix B, infra, pp. 711-777. |