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Show 129 PART TWO I. Jurisdiction and Justiciability None of the parties in this case questions the jurisdiction of the Supreme Court either over the parties or over the subject matter of the controversies which concern the mainstream of the Colorado River. Moreover, either explicitly or implicitly, all of the parties concede that it is appropriate for the Supreme Court to exercise its jurisdiction and adjudicate these mainstream controversies at this time. I agree with the parties that the Supreme Court has jurisdiction over the mainstream controversies which ought to be exercised in this case.1 The judicial power of the United States is extended by Article III, Section 2, of the Constitution to "all Cases . . . arising under this Constitution, the Laws of the United States ... to Controversies to which the United States shall be a party . . . [and] to Controversies between two or more States. ... In all Cases ... in which a State shall be Party, the supreme Court shall have original Jurisdiction." It is settled beyond dispute that, under these provisions, a case such as the present one among several states and the United States over the use of water flowing in an interstate stream is within the original jurisdiction of the Supreme Court. E.g., Colorado v. Kansas, 320 U. S. 383 (1943) ; Kansas v. Colorado, 206 U. S. 46 (1907) ; Kansas v. Colorado, 185 U. S. 125 (1902); Missouri v. Illinois, 180 U. S. 208 (1901). It is also well settled, however, that the Supreme Court will not exercise its original jurisdiction in suits between *I have concluded, however, that it would not be appropriate to adjudicate in this litigation controversies among the parties over the tributaries of the Colorado River in the Lower Basin, except for the controversies which concern the Gila River System. The reasons for these conclusions are explained infra, at pages 318-321, 323-325. |
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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 |