OCR Text |
Show 34 has a dual system of laws governing the use of flowing waters. She applies the doctrine of appropriation to all waters flowing in natural streams and not needed or used for beneficial purposes upon riparian lands. It may be said that in California the law of riparian rights applies to the use of water on riparian lands and the doctrine of appropriation applies to its use on non-riparian lands. XXVII California Claims Priority Under the Law of Appropriation California claims and asserts against Arizona, under the law of appropriation and the doctrine of relation, as defined in the preceding paragraph, a prior right to divert and use all the waters flowing in the Colorado River and its tributaries, exclusive of the Gila, to the extent of 14,-330,000 acre feet per year, and a like priority against each of her co-defendants to the use of all the waters of said stream (1) not apportioned by the Colorado River Compact, amounting to about 2,171,000 acre feet per year and (2) not appropriated prior to 1933, if for any reason the Colorado River Compact should be held invalid. In this connection, plaintiff is advised by counsel and, upon such advice, alleges that California is not lawfully entitled to appropriate, as against the claims of her co-defendants and Arizona, more than an equitable share of the waters of said river, except insofar as she may have a |
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] : |