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Show 548 INTERSTATE ADJUDICATIONS those engaged in negotiating the treaty which were not embodied in any writing and were not communicated to the government of the negotiator or to its ratifying body. There is no allegation that the alleged agreement between the negotiators made in 1922 was called to the attention of Congress in 1928 when enacting the Act; nor that it was called to the attention of the legislatures of the several States. As Arizona has failed to show that the testimony which she seeks to have perpetuated could conceivably be material or competent evi- dence bearing upon the construction to be given Article III, Para- graph (b), in any action which may hereafter be brought, the motion for leave to file the bill should be denied. We have no occasion to determine whether leave to file the bill should be denied also because the United States was not made a party and has not consented to be sued. Leave to file hill denied. Arizona v. California 298 U.S. 558 (1936) Arizona, on November 25, 1935, asked leave to file a bill against California and the five other States of the Colorado River Basin, praying in effect for a partition of the right to appropriate in the future the waters of the stream not as yet appropriated. The de- fendants were ruled to show cause, December 9, 1935, 296 U.S. 552. Returns to the rule were made on March 16, 1936. A motion by Fred T. Colter and others for leave to intervene was denied March 30,1936, 297 U.S. 699. The case was argued and presented on the Arizona peti- tion and the returns of the other States. Mr. Justice Stone delivered the opinion of the Court. This case arises upon the petition of the State of Arizona for leave to file in this Court her bill of complaint against the several states named as defendants and upon their returns to the order of this Court, directing them to show cause why the prayer of the petition should not be granted. The returns raise numerous objections to the suffi- ciency of the proposed bill of complaint, only two of which we find it necessary to consider. One is that the proposed bill fails to present any justiciable case or controversy within the jurisdiction of the Court. The other is that the United States, which is not named as a defendant and has not consented to be sued, is an indispensable party to any decree granting the relief prayed by the bill. The relief sought is: (1) That the quantum of Arizona's equitable share of the water flowing in the Colorado River, subject to diversion and use, be fixed by this Court, and that the petitioner's title thereto be quieted against adverse claims of the defendant states. (2) That the State of California be barred from having or claiming any right to divert and use more than an equitable share of the water flowing in the river, to be determined by the Court, and not to exceed the limitation imposed upon California's use of such water by the Boulder Canyon Project Act, 45 Stat. 1057, and the Act of the California legis- lature of March 4,1929, Ch. 16, Stats, of Calif., 1929, p. 38. (3) That it be decreed that the diversion and use by any of the defendant states |