Page 12


Page 12
Colorado River question
Is Part Of,8
Full text
12_________________________________________________________________________ apportionment of the waters of such tributaries situated in more than one state shall be left to adjudication or apportionment between said States in such manner as may be determined upon by the States affected thereby. 4. The several foregoing apportionments to include all water necessary for the supply of any rights which may now exist, including water for Indian lands in each of said States. 5. Arizona and California each may divert and use one-half of the unappor-tioned waters of the main Colorado River flowing below Lee Ferry, subject to future equitable apportionment between the said States after the year 1963, and on the specific condition that the use of said waters between the States of the lower Basin shall be without prejudice to the rights of the States of the Upper Basin to further apportionment of water as provided by the Colorado River Compact. Arizona Acceptance Upon the reconvening of the conference, Arizona, on September 22, presented a reply, accepting the proposal of the Governors, conditioned upon modification of the language of Paragraphs 2 and 3, so as to remove their ambiguity. The following re-wording was proposed: 2. "The States of the Lower Basin respectively shall have the exclusive beneficial consumptive use of the tributaries within their boundaries before the same empty into the main stream, provided, the division of the waters of such tributaries situated in more than one State, shall be left to adjudication or apportionment between said States in such manner as may be determined upon by the States affected thereby". 3. "The 1,000,000 acre feet of water allocated to the States of the Lower Basin by paragraph (b) of Article III of the Colorado River Compact, shall be deemed to attach exclusively to the Arizona tributaries of the Colorado River, and to be included in the waters of such tributaries allocated to Arizona under the term, of paragraph (2) hereof, to be diverted from said tributaries before the same empty into the main stream. Any allocation of water made to the Republic of Mexico shall be supplied out of water unapportioned herein and if it shall be necessary at any time for the lower basin to supply any water to Mexico the same shall be supplied by California and Arizona out of the water allotted to them from the main Colorado River in equal amounts." Arizona's acceptance was accompanied by the following statement: We assert that Arizona has at all times been ready to assist California to secure drouth and flood protection, silt elimination and that the fifty-fifty proposition that we have offered is exceedingly generous in that, beside providing water for all the land California now has under irrigation, it will permit her to irrigate 500,000 additional acres and also provide ample domestic water for her coast cities when her own sources of supply are developed. We believe that our legislature took cognizance of these facts in asking for an equal division of the river water. We believe that both Arizona and California must sacrifice some of the lands which they could put under cultivation in order to arrive at an agreement. There is no reason of law, justice, or economic development which has been made which would warrant Arizona in making a sacrifice of 600,000 acre feet of water to California. It must be evident that Arizona would be abundantly justified, as a matter of strict justice, in rejecting—in utterly and decisively casting aside—the proposal suggested, or any proposal failing to recognize her rights to at least an even division of the water available for the use of Arizona and California out of the main stream of the Colorado River. That we do not do so is due to a desire, the earnestness and sincerity of which we trust will no more be questioned, for an amicable settlement of this controversy, and out of a deep sense of appreciation of the labors and friendly offices of the Governors of the States of the Upper Division. If, on the other hand, we still hesitate to accept, that hesitancy may be attributed to the fact that we have as yet no assurance that such a sacrifice on our part would result in a final settlement; no assurance of the protection of Arizona's tributaries against an undue share of the burden of supplying water to Mexico; no assurance of the recognition of Arizona's right to a fair revenue from the utilization of her hydro-electric power resources used to the further enrichment and greater glory of California. The insistence of

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