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Show 328 on an interstate reach of the Gila River, including the Virden Valley in New Mexico, is not abrogated. Certainly confirmation of present uses requires adherence to the priorities presently being administered under that Decree. The major justification for refusing to reduce existing junior uses is to avoid disrupting going economies. Since the economy of the Virden Valley is largely based on the Gila Decree, enforcement of that decree will not disrupt the existing economy. Furthermore, the State of New Mexico is bound by that Decree to the extent that her citizens, whom she represents par ens patriae in this suit, are bound. See Brooks v. United States, 119 F.2d 636, 643 (9th Cir.), cert. denied, 313 U. S. 594 (1941); cf. Hinderlider v. La Plata, 304 U. S. 92 (1938); Wyoming v. Colorado, 286 U. S. 494 (1932). If this were not the case then the rights of individual citizens, when asserted by them, would be limited by the Gila Decree, whereas their rights would not be so limited if asserted by the State as their representative. The so-called Greenlee County and Cave Creek Decrees27 are not binding upon New Mexico as they purport only to adjudicate water rights appurtenant to land located within Greenlee County and Cochise County, Arizona. The decree in this cause will, of necessity, limit uses of both underground and surface water, as New Mexico's proof of irrigated acreage included acreage irrigated from surface and underground sources without distinction. This would be the proper course in any event since it appears that there is such a close relationship between surface and underground waters in this part of the System that failure to limit uses of underground water might well provide New Mexico an opportunity for further reduction of the surface flow of the Gila River System by allowing unrestricted depletion of underground sources.28 "Ariz. Exs. 301-302A. 28See Tr. 2659-2660, 2674-2675 (Turner); 17745-17746 (Reynolds). |
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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 |