OCR Text |
Show by the said u_^Boulder Canyon canyon Project project Act act,uJ. the State of California as of the date of such proclamation agrees irrevocably and unconditionally with the United States and for the benefit of the States states of Arizona , Colorado, Nevada, New Mexico , Utah , and Wyoming as an express covenant and in consideration of the passage of the said ^Boulder Ganyon canyon Pre^eet- project Aet act" ' that the aggregate annual consumptive use (diversions less returns to the river) of water of and from the Colorado River river for use in the State of California^ including all uses under contracts made under the provisions of said "^Boulder Ganyon canyon Project project Aet-act,u ' and all water necessary for the supply of any rights which may now exist, shall not exceed four million four hundred thousand acre-feet of the waters apportioned to the lower basin States states by paragraph "^a11^ of article three of the said Colorado River river Gompeet compact, plus not more than one-half of any excess or surplus waters unapportioned by said Gempoet compact, such uses always to be subject to the terms of said Gempaet compact. J^Sec. 2. By this act the State of California intends to comply with the conditions respecting limitation on the use of water as specified in subdivision 2 of section 4 (a) of the said "-J_ Boulder Ganyon canyon Project project Act act "¦ ' and this act shall be so construed." (b) After the passage of the California Limitation Act and the ratification of the Compact by six of the Basin-basin States states, the Gompect Project Act was proclaimed effective as of June 25, 1929. XI (a) After the Gempoet Project Act became effective the Secretary of the Interior promulgated general regulations under which the United States would contract for the disposition of Colorado River water. During the period 1930-1934 the Secretary of the Interior negotiated and entered into water contracts with the Palo Verde Irrigation District, the Imperial Irrigation District, the Coachella Valley County Water District, the Metropolitan Water District of Southern California, the City of San Diego, and the County of San Diego, all defendants herein. (b) The quantities of Colorado River water which the contracting defendants were entitled to receive under such contracts were attempted to be determined by the California Seven Party Water Agreement of August 18, 1931. A-eopy-of-stieh ogreemen<-,-marked-^th4bibfr,-i»attaehed--hereto-,--and-by-tfti3 ref-erenee-made-a--pert"thereof-.- The Seven Party Water Agreement was made and executed by all of the defendants except the State of California and has been acquiesced in and accepted by the State of California. It purports to allocate the California share of the waters of the Colorado River. The quantity of water so attempted to be allocated amounts to 5,362,000 acre-feet per annum, in-ao-far-as »a-id Said agreement is without any force, effect, or validity whatsoever. Insofar as it attempts to apportion among the California water users any rights to the-eon3ttmptive--ttse-ef water in excess of 4-,-400-,-000--a«re-fee<-per*rmtMin-tt-wa-s-and-i-9-witnout-any-f-oree7-efieet-,--or-v«Hdity-w+tetseever.- the quantity allocated by Sections 4(a), 5 and 8(b) of the Project Act and the limitation proscribed by the California Limitation Act. |
Source |
Original book: [State of Arizona, complainant v. State of California, Palo Verde 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, United States of America, State of Nevada, State of New Mexico, State of Utah, interveners] : |