OCR Text |
Show 168 Article III (a) of the Compact reads as follows: "(a) There is hereby apportioned from the Colorado River System in perpetuity to the Upper Basin and to the Lower Basin, respectively, the exclusive beneficial consumptive use of 7,500,000 acre-feet of water per annum, which shall include all water necessary for the supply of any rights which may now exist." Read literally, the phrase in Section 4(a) limiting California to 4.4 million acre-feet "of the waters apportioned to the lower basin States by paragraph (a) of Article III" means that, of the 7,500,000 acre-feet apportioned to the entire Lower Basin. California's aggregate annual consumptive use shall not exceed 4,400,000 acre-feet. What is meant by the words "excess or surplus waters unapportioned by said compact" ? Article III(f) reads as follows: "(f) Further equitable apportionment of the beneficial use of the waters of the Colorado River System unapportioned by paragraphs (a), (b), and (c) may be made in the manner provided in paragraph (g) at any time after October 1, 1963, if and when either Basin shall have reached its total beneficial consumptive use as set out in paragraphs (a) and (b)." The word "surplus" occurs in Article III(c) where it is used as follows: ". . . waters which are surplus over and above the aggregate of the quantities specified in paragraphs (a) and (b)." Thus read literally, the phrase limiting California to one-half of any "excess or surplus waters unapportioned by said compact" means that California may consume half of any water above that referred to in Article III (a) and (b). California would have us read the first phrase literally so that all uses, both from the mainstream and the tributaries, in the Lower Basin will be included in the accounting. |
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 |