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Show 141 tion as the guiding principle in an equitable apportionment suit on an interstate stream. Wyoming v. Colorado, 259 U. S. 419, decided June 5, 1922. As appears from the commissioners' reports, Article III (a) and (b) is intended to prevent the application of the priority rule between the two Basins, a result accomplished by placing limits on the acquisition of appropriative or other water rights in each Basin (Ariz. Exs. 49, 51). These limitations, which are 7,500,000 acre-feet and 8,500,000 acre-feet per annum for the Upper and Lower Basins respectively, are controlling until a further apportionment is had pursuant to Article III(f) and (g), which can in no event occur, under the terms of the Compact, prior to October 1, 1963. Other provisions of the Compact also make clear that it governs inter-basin relations exclusively. Article III(c) divides between the two Basins the burden of delivering water to Mexico pursuant to a prospective treaty obligation of the United States. Article III(d) forbids the states of the Upper Division12 to cause the flow of the River to be depleted below an aggregate of 75,000,000 acre-feet of water at Lee Ferry, the division point between the two Basins established in Article II(f), for any period of ten consecutive years. Similarly, Articles I and VIII contemplate inter-basin and not interstate operation of the Compact. Nothing in the Compact prescribes a division of water among the Lower Basin states. I therefore conclude that the provisions of the Compact, unless made operative by relevant statutes or contracts, do not control the disposition of this case. Nevertheless, in view of the urgent arguments of the sovereign parties and against the eventuality that the Court may take a different view of the matter, I set forth my views regarding the meaning of some provisions of the Compact. 12Those states are Colorado, New Mexico, Utah, and Wyoming. |
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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 |