OCR Text |
Show 316 this reason, the discussion in subdivision B is divided into two parts. A. Controversies Between Mainstream States and Tributary States Absent the Colorado River Compact and the Boulder Canyon Project Act, it is clear that principles of equitable apportionment would control the disposition of a controversy between downstream states using mainstream water and upstream tributary states. See Nebraska v. Wyoming, 325 U. S. 589, 617-619 (1945); Colorado v. Kansas, 320 U. S. 383, 393-394 (1943); New Jersey v. New York, 283 U. S. 336, 342-343 (1931). Thus, junior uses on the tributaries might well be enjoined for the benefit of senior uses on the mainstream. Nebraska v. Wyoming, supra, at 665. Therefore, unless the Compact, the Project Act or the Secretary's delivery contracts made pursuant to Section 5 of the Project Act have somehow displaced the law that would otherwise be applicable, the principles of equitable apportionment still control rights of mainstream states in water of the tributaries of the Colorado River in the Lower Basin. The Compact does not govern the relations, inter sese, of the states having Lower Basin interests.7 Therefore, it could not have displaced the principles of equitable apportionment as decisive of the question of rights in Lower Basin tributary supply. It is equally clear that the Project Act and the California Limitation Act have not rendered the principles of equitable apportionment inapplicable to the tributaries or the mainstream above Lake Mead. The limitation in Section 4(a) of the Project Act applies only to California. It does not affect possible claims by Arizona and Nevada to tributary water. With respect to California, Section 7See pp. 139-141, supra. |
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 |