execution. 15 There is no occasion for determining now Arizona's rights to interstate or local waters which have not yet been, or which may never be, appropriated. New Jersey v. Sargent, 269 U. S. 328, 338. This court can not issue declaratory decrees. Compare Texas v. Interstate Commerce Commission, 258 U. S. 158, 162; Liberty Warehouse v. Grannis, 273 U. S. 70, 74; Willing v. Chicago Auditorium Association, 277 U. S. 274, 289-90. Arizona has, of course, no legal right to use, in aid of appropriation, any land of the United States, and it can not complain of the provision conditioning the use of such public land. Compare Utah Power & Light Co. v. United States, 243 U. S. 389, 403-05. As we hold that the grant of authority to construct the dam and reservoir is a valid exercise of Congressional power, that the Boulder Canyon project act does not purport to abridge the right of Arizona to make, or permit, additional appropriations of water flowing within the State or on its boundaries, and that there is now no threat by Wilbur, or any of the defendant States, to do any act which will interfere with the enjoyment of any present or future appropriation, we have no occasion to consider other questions which have been argued. The bill is dimissed without prejudice to an application for relief in case the stored water is used in such a way as to interfere with the enjoyment by Arizona, or those claiming under it, of any rights already perfected or with the right of Arizona to make additional legal appropriations and to enjoy the same. Bill dismissed. Mr. Justice McREYNOLDS is of the opinion that the motions to dismiss should be overruled and the defendants required to answer. 15 It is also argued that of the 7,500,000 acre-feet allotted by the compact to the upper basin States, only 2,500,000 have already been appropriated, and that thus the presently unused surplus of 5,000,000 acre-feet can not be appropriated in Arizona. But Arizona is not bound by the compact as it has withheld ratification. If and when withdrawals pursuant to the compact by the Upper Basin States diminish the amount of water actually available for use in Arizona, appropriate action may then be brought. The allegation that the inclusion in the compact of the waters of the Gila River (all of which are said to have been appropriated in Arizona) operates to reduce the amount of water which may be taken by that State, can likewise be disregarded. Not being bound by the compact, Arizona has not assented to this inclusion of the Gila appropriations in the allotment to the lower basin; and there is no allegation that Wilbur or any of the defendant States are interfering with perfected rights to the waters of that river, which enters the Colorado 286 miles below Black Canyon. [ITEM 117] BOULDER CANYON PROJECT TREATY BETWEEN THE UNITED STATES AND MEXICO RELATING TO THE UTILIZATION OF THE WATERS OF THE COLORADO AND TIJUANA RIVERS AND OF THE RIO GRANDE FEBRUARY 3, 1944 BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION WHEREAS a treaty between the United States of America and the United Mexican States relating to the utilization of the waters of the Colorado and Tijuana Rivers, and of the Rio Grande (Rio Bravo) from Fort Quitman, Texas, to the Gulf of Mexico, was signed by their respective Plenipotentiaries in Washington on February 3, 1944, and a protocol supplementary to the said treaty was signed by their respective Plenipotentiaries in Washington on November 14, 1944, the originals of which treaty and protocol, in the English and Spanish languages,1 are word for word as follows: The Government of the United States of America and the Government of the United Mexican States: animated by the sincere spirit of cordiality and friendly cooperation which happily governs the relations between them; taking into account the fact that Articles VI and VII of the Treaty of Peace, Friendship and Limits between the United States of America and the United Mexican States signed at Guadalupe Hidalgo on February 2, 1848, and Article IV of the boundary treaty between the two countries signed at the City of Mexico December 30, 1853 regulate the use of the waters of the Rio Grande (Rio Bravo) and the Colorado River for purposes of navigation only; considering that the utilization of these waters for other purposes is desirable in the interest of both 1 To save space the Spanish version of the treaty is omitted. |