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Show - 25 - force of these Articles, to the Lower Basin apportionment made by the Compact. The Act contemplates that these perfected rights as well as rights not yet initiated shall be affected by the Arizona Contract instead of being-left unaffected. PARAGRAPH 11 (f) OF THE ARIZONA CONTRACT: The deliveries of the Arizona Contract water are to be made, according to this paragraph, to individuals, districts, corporations or political subdivisions within the State of Arizona, and when made are to be construed as satisfying, to that extent, the contract. This paragraph contemplates further contracts between the United States and the various individuals, irrigation districts, corporations and political subdivisions of Arizona. Furthermore, the waters to be delivered under these additional contracts would have to be conducted across the public domain of the United States to the ultimate places of use. The public domain is so vast in Arizona, as indeed it is in other Colorado River Basin States, that, as a practical matter, no major water project can be initiated that would not require, for its execution, rights of way across the public domain for the transportation of water. Yet this paragraph nowhere provides, as required by the protective sections already set forth, that these additional contract holders and these additional contracts and the rights of way or the waters thereof, shall be subject to the Colorado River Compact. This omission is another evidence of Arizona's purpose to circumvent, if she can, the Compact apportionment of water to the Lower Basin and to encroach upon that of the Upper Basin. She is most willing to share in the water that, by the Compact, the Upper States must turn down to her Basin, but not at all willing that they retain inviolate any apportionment for their own. PARAGRAPH 14 OF THE ARIZONA CONTRACT: This paragraph, which violates the protective provisions |
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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] : |