OCR Text |
Show 245 It is significant that under the apportionment suggested in Section 4(a) itself all of the available water could be consumed in the three states. This is because Congress intended the limitation on California in the first paragraph and the allocations to Arizona and Nevada in the second paragraph to correlate perfectly; both were to apply to mainstream water only. Indeed, it seems that the Secretary himself intended the delivery contracts to provide for the apportionment of all of the available mainstream water among Arizona, California, and Nevada, since that apportionment was based on the one suggested by Congress in Section 4(a) of the Project Act. It is unlikely that the Secretary intended that the formula established by his contractual apportionment would call for the delivery of water to California which California could not receive under the Section 4(a) limitation, and, conversely, that Arizona and Nevada would not be able to receive, under their contracts, water which California could not use under the statutory limitation. But this is precisely the result of applying the provisions in the Arizona and Nevada contracts which inject System considerations into the scheme for apportioning mainstream water. Rather, the Secretary seems to have intended that California should receive, out of the available supply, all of the water she was eligible to receive under the statutory limitation, at least until the 5,362,000 acre-feet of consumptive uses per annum called for in the existing delivery contracts with California users is provided, and that Arizona and Nevada would receive all of the rest. Perhaps it was not apparent at the time that the Arizona and Nevada contracts were entered into that, because of Articles 7(d) and 5(a), they would not correlate with the California contracts. Certainly it is clear that none of the interested parties intended that the Arizona and Nevada contracts would waive the limitation on California's con- |
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 |