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Show 247 Mead is consistent with the general scheme of the delivery contracts and enables the Secretary to operate Lake Mead efficiently. It would be unconscionable to uphold a delivery scheme which required, on a permanent basis, that water flowing in the mainstream and available for use could not be consumed in any of the three states. As a final matter, it should be pointed out that voiding these provisions does not impair the Secretary's control and management of Hoover Dam and Lake Mead, nor does it leave California helpless to protect her interests. The Secretary will still be able to control the supply of water in Lake Mead since it is within his reasoned discretion to determine how much water is to be released for use in the three states each year. And California will be able to protect herself against undue depletions on the tributaries and the mainstream above Lake Mead by compact, or, if the necessity arises, by suit. 7. United States Uses Charged to States. All consumption of mainstream water within a state is to be charged to that state, regardless of who the user may be. Thus, consumption of mainstream water on United States Indian Reservations, National Parks, Forests, Monuments, and Recreation Areas, lands under the control of the Bu-Xeau of Land Management, reclamation projects, wildlife refuges,.and other United States projects within the Lower Basin,.all of which will be_treated subsequently, is charge-able_jtp_the state within which the use is made. All of the parties seem to agree to this accounting, and it is required by the contracts and the Project Act. Article 7(1) of the Arizona contract specifically provides that Arizona's apportionment includes the consumptive use of all water diverted from the mainstream "whether made under this contract or not." Similarly, Section 4(a) of the Project Act limits diversions of water "for use in the |
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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 |