Title |
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, defendants : the United States of America and State of Nevada, interveners : State of Utah and State of New Mexico, impleaded defendants : report / Simon H. Rifkind, special master |
Creator |
United States. Supreme Court |
Subject |
Water rights; Water consumption; Rivers |
OCR Text |
Show The record of this action is another chapter in the long history of controversy relating to the Colorado River. Suit was initiated by Arizona on August 13, 1952, by filing a motion for leave to file a bill of complaint against the State of California and seven public agencies of the State.1 On January 19, 1953, the motion, unopposed, was granted. |
Publisher |
[Washington, D.C. : U.S. Supreme Court, 1960] |
Contributors |
Rifkind, Simon H. |
Date |
1960-12-05 |
Type |
Text |
Format |
application/pdf |
Digitization Specifications |
Image files generated by Photoshop CS from PDF files |
Language |
eng |
Rights Management |
Digital Image Copyright 2004, University of Utah. All Rights Reserved. |
Holding Institution |
UNLV Libraries, Special Collection, 4505 Maryland Pkwy., Las Vegas, Nevada 89154 |
Source Physical Dimensions |
ix, 433 p. ; 27 cm |
Call Number |
KFA2847.5.C6 A337 1960 |
ARK |
ark:/87278/s61835d5 |
Setname |
wwdl_azvca |
ID |
1120114 |
Reference URL |
https://collections.lib.utah.edu/ark:/87278/s61835d5 |
Title |
page 163 |
OCR Text |
Show 163 mula are void. This argument is premised on the language in Section 5 that "contracts respecting water for irrigation and domestic uses . . . shall conform to paragraph (a) of section 4 of this act." The second paragraph, Arizona points out, is included within Section 4(a). But the second paragraph of Section 4(a) is plain in that it merely authorises a tri-state compact for the division of water; it does not compel it; nor does it condition approval of the Colorado River Compact upon acceptance of the proposed tri-state compact. Indeed, the second paragraph was specifically amended on the floor of the Senate to make the suggested division permissive rather than mandatory.26 The suggested compact which Congress was willing to approve in advance is of no compelling force or effect since no such compact has ever been agreed to. In so far as Section 5 refers to the second paragraph of Section 4(a) it is for the purpose of requiring the Secretary to respect the compact if ratified by the states. See also Section 8(b). Arizona's contention in this respect must therefore be rejected. Nevada contends that the congressional consent to the Colorado River Compact embodied in the Project Act includes consent to Article IV (a) of the Compact which declares that the Colorado River is no longer navigable. From this premise, she contends that Section 5 cannot empower the Secretary to divide and allocate water and that such a division can be accomplished in two ways only, by compact or adjudication. If Section 5 purports to provide a third method of apportionment, by contract, it is unconstitutional. Accordingly, Nevada argues that she is not bound by her contract limit of 300,000 acre-feet per annum and she seeks an equitable apportionment of the waters of the Lower Basin. This contention does violence to the Act. Section 1 of the Project Act authorized the construction 20See 70 Cong. Rec. 469 (1928), Ariz. Legis. Hist. pp. 83-84. |
Format |
application/pdf |
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 |
Resource Identifier |
175-UUM-COvAZ-SMRP_page 163.jpg |
Setname |
wwdl_azvca |
ID |
1119915 |
Reference URL |
https://collections.lib.utah.edu/ark:/87278/s61835d5/1119915 |