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Show COLORADO RIVER LITIGATION 553 of the Court to make any division of the unexercised privilege among the states entitled to share in the unappropriated water. Pursued to its logical end, their contention is that California, save as she may have renounced the privilege, is free, subject to prior appropriations, to appropriate to her own use the entire flow of the water in the river, to the exclusion of any future beneficial enjoyment of it by Arizona. Arizona insists that this court, in adjudicating the rights of states in the water of interstate streams, has declared that it will not hold itself restricted to rigid application of local rules of law governing private rights; that independently of those rules it may have recourse to applicable principles of international law and equity tending to secure to sovereign states equality of right in such water. Kansas v. Colorado, 185 U.S. 125, 146; Missouri v. Illinois, 200 U.S. 496, 520; Kansas v. Colorado, 206 U.S. 46, 97 et seq.; Wyoming v. Colorado, supra, 465, 470; Connecticut v. Massachusetts, 282 U.S.'660, 670; New Jersey v. New York, 283 U.S. 336, 342, 343. It points out that de- parture from the local formula may be compelled where the contending states apply, locally, different and irreconcilable doctrines, Kansas v. Colorado, supra, and that the common law of private riparian rights has been modified, even in suits between states adhering to it, by the application of principles of equitable apportionment. Missouri v. Illi- nois, supra, 526; Connecticut v. Massachusetts, supra, 671; New Jersey v. New York, supra, 343. But we have no occasion to consider the arguments urged upon us in support of the adoption, in this case, of a different rule from that of appropriation, as applied locally, for we are of the opinion that in the circumstances disclosed by the bill of complaint there can be no adjudication of rights in the unappro- priated water of the Colorado River without the presence, as a party, of the United States, which, without its consent, is not subject to suit even by a state. Kansas v. United States, 204 U.S. 331, 343. The Colorado River is a navigable stream of the United States. The privilege of the states through which it flows and their inhabitants to appropriate and us© the water is subject to the paramount power of the United States to control it for the purpose of improving naviga- tion. Arizona y. California, supra. The Boulder Canyon Project Act, § 1, authorized the Secretary of the Interior to construct, at the expense of the United States, the Boulder Dam, with storage reservoir, and a hydro-electric plant. It provides, §§ 5, 6, for control, manage- ment, and appropriation of the water by the United States, and declares, §§ 1, 8, (a), that this authority is conferred subject to the terms of the Colorado River Compact "for the purpose of controlling the floods, improving navigation and regulating the flow of the Colo- rado River, providing for storage and for the delivery of the stored waters thereof for reclamation of public lands and other beneficial uses exclusively within the United States, and for the generating of electrical energy as a means of making the project herein authorized a self-supporting and financially solvent undertaking." To carry out the purpose of the Act, § 1 directs the creation of a storage reservoir of a capacity of not less than 20,000,000 acre feet. According to the allegations of the proposed bill, the actual capacity of the completed reservoir is 30,500,000 acre feet, which is nearly twice the undepleted annual flow of the river, and four and one-half times the amount of water remaining unappropriated after deducting that 94-497-69------36 |