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Show 102 tially larger than even the most optimistic estimates made today.21 B. It is Impossible to Predict Future Mainstream Supply Accurately Enough to Shed Light on the Equities in This Case California contends that the record in this case supports a finding of fact that the "safe annual yield or dependable supply of water available for mainstream projects in the Lower Basin is probably not less than 5,400,000 nor more than 5,850,000 acre-feet per annum."22 She contends that application of the apportionment formula recommended in this Report to this supply of water would seriously curtail existing uses of mainstream water in California and might eliminate all diversions by the Metropolitan Water District, which serves Los Angeles and other cities on the Southern California coastal plain.23 While legally irrelevant, such a result, if at all probable, would arouse the gravest apprehension. However, the record in this case gives no indication that the "chaotic disaster"24 which California fears will, or is likely to, materialize. Her dire predictions appear to be unfounded. "See p. 17, note 56, supra. The Colorado River has been in a drought period since 1930. There is a dispute among the experts as to whether this period has now ended. 22Cal. Proposed Finding of Fact 5B:101(4). 28 Metropolitan, under Sections 8 and 9 of the Seven-party Agreement among California water users, may be able to claim some of California's allotment as against other users in the state with a senior priority, but this does not derogate from the validity of California's argument that some existing projects would have to suffer curtailment of their present supply. 24Calif. Comment on the Draft Report, p. 20. |
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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 |