OCR Text |
Show 149 in several of the commissioners' reports. (See Ariz. Exs. 46,52,54,57.)" As the foregoing discussion indicates, I regard Article III (a) and (b) as a limitation on appropriative rights and not as a source of supply. So far as the Compact is concerned, Lower Basin supply stems from Article III (c) and (d). There are, of course, other sources of supply, for example, Lower Basin tributary inflow, but these are not dealt with as supply items in the Compact. Thus when referring to the Compact, it is accurate to speak of III(c) and HI(d) water, but it is inaccurate and indeed meaningless to speak of HI (a) and III (b) water. For Compact purposes, Article III (a) and (b) can refer only to limits on appropriations, not to the supply of water itself. It is true that Congress in Section 4(a) of the Project Act, treated Article III (a) as a source of supply rather than as a limitation on appropriations. The Act speaks of "the waters apportioned to the lower basin States by paragraph (a) of Article III of the Colorado River compact . . . ." Later in this Report I shall develop at some length the meaning of this language and the confusion it has produced in this litigation. Suffice it now to say that the congressional meaning is different from the Compact meaning. One may properly speak of III (a) water in the Project Act sense, but not in the Compact sense. Much of the confusion in this case may be traced to this difference between the two writings, for the parties speak of III (a) water without differentiating between the Compact and the Project Act. 17The term has since been adopted by branches of the engineering profession to express highly sophisticated formulae useful in the planning of irrigation projects. One such is the Blaney-Criddle formula U=KF-R. For an explanation of this formula, see Tr. 13417- 13428 (Criddle). Such meanings have no bearing on the term as used in the Compact. |
Source |
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 |