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 260 |
OCR Text |
Show 260 United States intended to reserve mainstream water for the reasonable future needs of the following Indian Reservations: Chemehuevi, Cocopah, Yuma, Colorado River and Fort Mohave. As to each it is apparent that it was intended that the Indians would settle on the Reservation land and develop an agricultural economy. The land, however, is too arid to support such an economy without irrigation from the Colorado River. It would be unconscionable for the United States to have coerced or induced Indians onto a Reservation without providing the water necessary to make the lands habitable. I refuse to accept this possibility as to any of the mainstream Indian Reservations since there is no evidence as to any of them that such was the case. As the Court of Appeals stated in the Walker River case, at page 339: "It would be irrational to assume that the intent was merely to set aside the arid soil without reserving the means of rendering it productive." Also, wherever I have found an intent to reserve water, I have inferred, absent evidence to the contrary, that the reservation was not limited to the needs of the population then resident upon the land, nor to the acreage being irrigated when the Reservation was created. I have concluded that enough water was reserved to satisfy the future expanding agricultural and related water needs of each Indian Reservation. Invariably the United States intended that the Indian tribes settled on a Reservation would remain there for generations, and the possibility that other Indians would be settled on the Reservation could not be excluded. Certainly the possibility of expanding populations, expanding agricultural development, and hence expanding water needs must have been apparent at the time each Reservation was created. It is unreasonable to attribute to the United States an intention or an expectation that the Indians would remain stagnant or die out when they were settled on a Reservation. Since the Indians could remain |
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 |
272-UUM-COvAZ-SMRP_page 260.jpg |
Setname |
wwdl_azvca |
ID |
1120012 |
Reference URL |
https://collections.lib.utah.edu/ark:/87278/s61835d5/1120012 |