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Show II. Prior Litigation The present case is the fifth interstate suit affecting the Colorado River, although it is the first in which evidence has been taken. The four prior suits were as follows: (1) On October 13, 1930, Arizona instituted an action against the Secretary of the Interior and the States of California, Colorado, Nevada, New Mexico, Utah and Wyoming to enjoin construction of Hoover Dam and the Ail-American Canal as well as to enjoin performance of contracts for the delivery of stored water. In addition, the bill of complaint sought to have the Boulder Canyon Project Act and the Colorado River Compact declared unconstitutional. The Court, per Mr. Justice Brandeis, held, inter alia, that the Compact and Project Act were constitutional, that the River is a navigable stream and that the Secretary could construct the dam authorized by Section 1 of the Project Act. The bill was dismissed without prejudice to a future action for relief in the event that the dam was so operated as to interfere with Arizona's rights.18 (2) On February 14, 1934, Arizona moved for leave to file a bill to perpetuate the testimony of the negotiators of the Colorado River Compact. The parties named were the other six states of the Colorado River Basin, the California public agencies which are defendants in the present action and the Secretary of the Interior. A unanimous Court, speaking through Mr. Justice Brandeis, denied the application.14 One of the alternate grounds for decision was the incompetence of the evidence sought to be perpetuated. It was held that oral statements of negotiators of a treaty or compact not communicated to the ratifying body were not admissible to establish meaning.15 "Arizona v. California, 283 U. S. 423 (1931). "Arizona v. California, 292 U. S. 341 (1934). "292 U. S., at 359-360. |
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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 |