page III-27

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Title	Offer of proof and brief in support of offer [of the] State of Arizona, complainant, v. State of California, Palo Verde Irrigation District, Imperial Irrigation District, Coachella Valley County Water District, the Metropolitan Water District of Southern California, City of Los Angeles, City of San Diego, and County of San Diego, defendants, United States of America and State of Nevada, interveners, State of New Mexico and State of Utah, parties.
Creator	Rifkind, Simon H. (Simon Hirsch); California; Palo Verde Irrigation District; United States. Supreme Court; Nevada
Subject	Water rights; Water consumption; Rivers
OCR Text	Show This document constitutes the offer of proof which the Special Master directed to be made by the California defendants. The offer of proof is submitted in compliance with the Special Master's ruling, by letter dated July 1, i960. That ruling is in response to our motion (incorporated in our comments upon the Draft Report) for an opportunity to litigate the following issue, alternatively stated:- "(l) Is the meaning of the words of the California Limitation Act, repeated substantially from the following words of section 4(a) of the Boulder Canyon Project Act, 'waters apportioned to the lower basin States by paragraph (a) of Article III of the Colorado River compact,' controlled by whatever meaning is properly to be given to Article Ill(a) of the Compact? "(2) Is the meaning of the above quoted words: M(i) 7.500,000 acre-feet from Lake Mead and the main stream below Lake Mead, contrary to the Compact meaning, or "(ii) 7,500,000 acre-feet apportioned to the lower basin states from the waters of the Colorado River system (i.e., the main stream and tributaries in the lower basin) in accord with the Compact meaning?" The Special Master's letter states that California may submit "an offer of proof specifying the witnesses to be called and the papers to be offered, together with a statement of the gist of the testimony which each witness is expected to give and the relevant content of each of the papers." The tendered proof is documentary. Because it has been impossible in the time allotted to complete the search for documentary materials relating to this issue which emerged on May 5, i960, with the circulation of the Special Master's Draft Report, the California defendants may ask leave at a later date to supplement the offer with additional documentary materials. This offer of proof consists of three sections. Part I states the findings of fact and conclusions of law which follow from admission of the documents offered. We also discuss here the interrelationship of the issues controlling the "contractual allocation scheme" proposed in the Draft Report. Part II lists the exhibit number and description of each document. Part III is our brief in support of the offer of proof. Approximately sixty exhibits have been organized into groups for convenience of reference and discussion.-/ We consider their relevance and, briefly, competence. The full text of these documents, or extracts therefrom relevant to this offer, has been reproduced and bound separately in exhibit size notebooks. We emphasize that the documents merely reinforce the plain, clear, and rational meaning of the words of the Project Act and the Limitation Act. The words of the statute control the determination of the issue to which our offer of proof is directed.
Publisher	[n.p.] 1960.
Date	1960
Type	Text
Format	application/pdf
Digitization Specifications	Pages were scanned at 400 ppi on Fujitsu fi-5650C sheetfed scanner as 8-bit grayscale or 24-bit RGB uncompressed TIFF images. For ContentDM access the images were resampled to 750 pixels wide and 120 dpi and saved as JPEG (level 8) in PhotoShop CS with Unsharp Mask of 100/.3. Foldout pages larger than 11" x 14" were captured using a BetterLight Super 8K-2 digital camera back on a 4x5 view camera (100mm Schneider APO lens). Oversize images were resampled to 1500 pixels wide. Optical Character Recognition (OCR) by ABBYY FineReader 7.0 with manual review.
Source	Brigham Young University
Language	eng
Rights Management	Digital Image Copyright 2005, University of Utah. All Rights Reserved.
Holding Institution	Law Library, Brigham Young University Libraries
Source Physical Dimensions	1v. (various paging) 29 cm.
Scanning Contractor	Backstage Library Works - 1180 S. 800 E. Orem, UT 84097.
Call Number	KF5575.A55 .A754
ARK	ark:/87278/s6wh2nxg
Setname	wwdl_azvca
ID	1120350
Reference URL	https://collections.lib.utah.edu/ark:/87278/s6wh2nxg

Page Metadata

Title	page III-27
OCR Text	Show Calif. Ex. 7508: Postal Telegraph from R. C. Stanford, Governor of Arizona, to Nathan Margold, Solicitor, Department of the Interior, dated May 24, 1937 This Arizona denunciation of the Project Act was transmitted by the Governor of Arizona-i/to the Interior Solicitor pursuant to a request by the Secretary of the Interior for Arizona's views. Governor Stanford asserts that the Boulder Canyon Project Act (l) is controlled by the Colorado River Compact, and (2) deals unfairly with Arizona because it contemplates inclusion of accounting for uses stated to be 2/ 3,500,000 acre-feet per year, largely from Arizona tributaries.-/ Calif. Ex. 7509: Letter from Herbert B. Maw, Governor of Utah, to Secretary of the Interior Harold L. Ickes, dated August 16, 19^3, with enclosure, Letter from William R. Wallace, Grover A. Giles, Ora Bundy, and Ed. H. Watson to Secretary of the Interior Harold Ickes, dated July 15, 1943 This is a request by Utah through its governor^for recognition by the Secretary of Utah's rights to Ill(a) water -1/ The authority for the Governor of Arizona to speak for his state is set forth in app. A, p. A1,Q,, i=/ Cf. Calif. Exs. 7503 and 7503-A supra. ¦=2/ The authority of the governor to speak for the State of Utah is set forth in app. A, p. A25. 111-27
Format	application/pdf
Source	Original book: State of Arizona, complainant, v. State of California ... [et al.], defendants :
Resource Identifier	300107-UUM-COP-v30p3_page III-27.jpg
Setname	wwdl_azvca
ID	1120164
Reference URL	https://collections.lib.utah.edu/ark:/87278/s6wh2nxg/1120164