OCR Text |
Show 159 Congressional power, that the Boulder Canyon Project Act does not purport to abridge the right of Arizona to make, or permit, additional appropriations of water flowing within the State or on its boundaries, and that there is now no threat by Wilbur, or any of the defendant States, to do any act which will interfere with the enjoyment of any present or future appropriation, we have no occasion to consider other questions which have been argued." I interpret Arizona v. California as holding nothing more than that the United States could, under the Constitution, construct a dam on the territory of Arizona and Nevada and impound the waters of the Colorado River, a navigable stream. Arizona's objections, that the dam might be operated in such a way as to trespass on her sovereignty, were dismissed as premature since it was by no means certain that the dam and other works would be so operated as to invade Arizona's rights. This is the only explanation of the dismissal without prejudice to a new application for relief if the dam were operated so as to adversely affect Arizona's appropriations from the Colorado River. The Court reasoned that the constitutional issues which might be raised, depending on how the Secretary operated the dam, were best left to await the outcome of its construction and operation. The Court recognized that when the dam impounded water this might affect Arizona's rights to appropriate it by reducing the supply which would flow on her borders, but the Court held that such an infringement was justified under the constitutional power of the Federal Government to regulate navigable streams. Thus the Court stated, at pages 462-463 of the opinion: "There is no allegation of definite physical acts by which Wilbur is interfering, or will interfere, with the exercise by Arizona of its right .... to make future appropriations by means of diversions below the dam, or limiting the enjoyment of rights |
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 |