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Show 158 "Mr. Walsh of Montana. Let us suppose the Arizona people are perfectly willing to meet the requirements and that the Los Angeles people are perfectly willing to meet the requirements and other people who have not even attempted to make any appropriation are perfectly able and willing to meet the requirements. Who then has the right? "Mr. Johnson. The Secretary of the Interior and the Government have the right. "Mr. Walsh of Montana. The Secretary of the Interior may utterly ignore those appropriations? "Mr. Johnson. Possibly so. "Mr. Walsh of Montana. That is what I am curious to find out about."24 Arizona v. California, 283 U. S. 423 (1931), does not, as California urges, conflict with the conclusion here recommended. In that case Arizona filed an original bill of complaint to enjoin the construction of the dam authorized by the Project Act on the ground, inter alia, that the Secretary of the Interior would operate the dam in such a manner as to invade "Arizona's quasi-sovereign right to prohibit or to permit appropriation, under its own laws, of the unappropriated water of the Colorado River flowing within the State." 283 U. S., at 451. The bill was dismissed "without prejudice to an application for relief in case the stored water is used in such a way as to interfere with the enjoyment by Arizona, or those claiming under it, of any rights already perfected or with the right of Arizona to make additional legal appropriations and to enjoy the same." 283 U. S., at 464. The Court's reason for dismissing the bill, stated at page 464, was: "As we hold that the grant of authority to construct the dam and reservoir is a valid exercise of 2470 Cong. Rec. 168 (1928), Ariz. Legis. Hist. pp. 26-29. See also the statements of Senator Pittman at 69 Cong. Rec. 10259 (1928), Ariz. Legis. Hist. pp. 13-14; and Senator Hayden at 70 Cong. Rec. 382, Ariz. Legis. Hist. pp. 56-56c. |
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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 |