Title |
State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Imperial Irrigation District, Coachella Valley County Water District, Metropolitan Water District of Southern California, City of Los Angeles, California, City of San Diego, California, and County of San Diego, California, defendants : the United States of America and State of Nevada, interveners : State of Utah and State of New Mexico, impleaded defendants : report / Simon H. Rifkind, special master |
Creator |
United States. Supreme Court |
Subject |
Water rights; Water consumption; Rivers |
OCR Text |
Show The record of this action is another chapter in the long history of controversy relating to the Colorado River. Suit was initiated by Arizona on August 13, 1952, by filing a motion for leave to file a bill of complaint against the State of California and seven public agencies of the State.1 On January 19, 1953, the motion, unopposed, was granted. |
Publisher |
[Washington, D.C. : U.S. Supreme Court, 1960] |
Contributors |
Rifkind, Simon H. |
Date |
1960-12-05 |
Type |
Text |
Format |
application/pdf |
Digitization Specifications |
Image files generated by Photoshop CS from PDF files |
Language |
eng |
Rights Management |
Digital Image Copyright 2004, University of Utah. All Rights Reserved. |
Holding Institution |
UNLV Libraries, Special Collection, 4505 Maryland Pkwy., Las Vegas, Nevada 89154 |
Source Physical Dimensions |
ix, 433 p. ; 27 cm |
Call Number |
KFA2847.5.C6 A337 1960 |
ARK |
ark:/87278/s61835d5 |
Setname |
wwdl_azvca |
ID |
1120114 |
Reference URL |
https://collections.lib.utah.edu/ark:/87278/s61835d5 |
Title |
page 143 |
OCR Text |
Show 143 ficial consumptive use ... of water." Article III(b) allows the Lower Basin "to increase its beneficial consumptive use of such waters. ..." "Such waters" can only refer to System waters, that is, to mainstream and tributary water as denned in Article II(a). In Article III(c), (f) and (g) System water is specified by name. The various arguments of Arizona fail before this unmistakable language of the Compact. The historical fact that the Upper Basin was primarily concerned with the mainstream will not nullify language of the Compact that subjugates both mainstream and tributaries to its rule. Nor is the argument persuasive that because some provisions deal only with the mainstream, all provisions are so limited. It is certainly true that the second sentence of Article VIII deals with the mainstream only. It very clearly says so. The preceding and the following sentences, however, speak of the Colorado River System, indicating the draftsmen's intent to distinguish the two terms. Article I states that "an apportionment of the use of part of the water of the Colorado River System is made" by the Compact, and Article VI speaks of "waters of the Colorado River System not covered by the terms of this Compact". From this Arizona would have me infer that tributaries are not subject to the limitations of Article III (a) and (b). The provisions of Articles I and VI can be given full effect without thus overriding the plain language of Article II(a). Article I is consistent with Article III(f) and (g) which provides for further equitable apportionment of the use of System water. The 1922 Compact apportioned the use of 16,000,000 acre-feet of water to the two Basins; a later compact could make a "further equitable apportionment" of remaining System water. Article VI demonstrates that the Compact governs inter-basin and not interstate relations. If a controversy should arise, for example, between two Lower Basin states over the mainstream, or over a tributary, that Article provides for alter- |
Format |
application/pdf |
Source |
Original Report: State of Arizona, complainant v. State of California, Palo Verde Irrigation District, Imperial Irrigation District, Coachella Valley County Water District, Metropolitan Water District of Southern California, City of Los Angeles, California, City of San Diego, California, and County of San Diego, California |
Resource Identifier |
155-UUM-COvAZ-SMRP_page 143.jpg |
Setname |
wwdl_azvca |
ID |
1119895 |
Reference URL |
https://collections.lib.utah.edu/ark:/87278/s61835d5/1119895 |