Legislative budget staffers said that, at current withdrawals, the fund would grow to about $9 billion by 2025. But with the additional funds taken out, the account is projected to be $6.2 billion instead.

What makes that significant is the contention by both DeWit and Pierce that such a radical change can be made only by amending the "Enabling Act,'' the 1912 law that gave Arizona the land in the first place. Lopez, acting on behalf of Brnovich, won't answer that question.

The questions about the eligibility of charter schools to share in the proceeds also stem from the Enabling Act.

DeWit said that in giving Arizona the federal lands, Congress required that the schools they support "shall forever remain under the exclusive control'' of the state. But charter schools, while technically public schools, can be owned and operated as private, for-profit companies.

Lopez, however, said there is nothing new in Proposition 123 that suggests the charter schools are ineligible for the additional dollars.