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Show 227 the mainstream this would not be a violation of paragraph 7(d) although the Secretary could reduce Arizona's consumptive uses of water below Lake Mead to the extent of such uses. At any rate, for the reasons detailed at pages 237-247, infra, paragraph 7(d) is invalid, and thus it cannot limit Arizona's diversions from the mainstream above Lake Mead. Similarly, nothing in the Nevada water delivery contract purports to limit diversions by that state above Lake Mead, except for part of Article 5 (a) which is invalid for the same reasons that Article 7(d) of the Arizona contract is invalid. One of the proposed plans for the Central Arizona Project contemplated the diversion of water at Bridge Canyon or Marble Canyon, both of which are on the mainstream between Lake Mead and Lee Ferry. California and the United States are concerned lest Arizona be permitted to divert a substantial quantity of water for the Central Arizona Project from one of these sites in addition to the water apportioned to her from Lake Mead and the mainstream below. But this cannot occur without the specific authorization of Congress. First of all, there is no indication that the Central Arizona Project can be financed other than by Congress. Secondly, under the Rivers and Harbors Act, 33 U. S. C. §§ 401 et seq. (1958), the dam necessary for the Project could not be constructed in the Colorado River without the approval of Congress. United States v. Arizona, 295 U. S. 174 (1935); Wisconsin v. Illinois, 278 U. S. 367, 411-414 (1929). When Congress, in the Project Act, authorized the construction of Hoover Dam, it focused its attention on the problem of how the water impounded and released by that dam should be distributed, authorizing the Secretary of the Interior to apportion that water among the interested states. Congress did not focus its attention on the diver- |
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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 |