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Show 204 which we are not concerned in this litigation (see pages 216-218, infra), there is no need to decide the question. California asserts a similar objection to the Nevada contract,68 and it is overruled for the same reasons. (3) A third objection to the Arizona contract raised by California rests on Article 7(1), which provides that deliveries of the water allocated to Arizona by her master contract will be made only to users who contract therefor with the Secretary. California argues that this exposes the contract merely as an agreement to agree and accordingly that is unenforceable. She also claims that the contract is unenforceable for vagueness, since essential terms are yet to be agreed upon. This argument will be considered when I reach my discussion of the terms of each of the contracts, at pages 206-207, infra. Nevada complains about her water delivery contracts, but does not contest those of the other parties. Nevada's theory, if adopted, would, however, nullify all of the contracts, at least so far as they purport to fix the quantities of water to which the parties are entitled. As was pointed out earlier in this Report, Nevada regards the Project Act as an unconstitutional delegation of judicial power if construed to empower the Secretary to make contracts fixing the allotment of water to each state. See pages 163-164. She avoids the constitutional problem by regarding the contracts as "neither floors nor ceilings. The contracts are merely service or delivery contracts for such amounts of water as each of the states shall ultimately be judicially determined to be entitled, in the absence of a compact among the states."67 The answer to this contention was given in upholding the Project Act and sustaining the power of the Secretary to allocate the unappropriated water impounded in Lake Mead. 66Calif. Response to Nevada, pp. 51-53. 6TNev. Answering Brief, p. 46. |
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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 |