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 173 |
OCR Text |
Show 173 Interpretation of the phrase, waters apportioned by Article III (a). I have concluded that Congress intended, in limiting California to 4.4 million acre-feet of "the waters apportioned to the lower basin States by paragraph (a) of Article III of the Colorado River compact," simply to limit California's annual uses31 of water to 4.4 out of 7.5 million acre-feet. Congress referred to Article III (a) of the Compact solely as a shorthand way of saying "7,500,000 acre-feet per annum."' This inappropriate reference to the Compact has been the cause of seeming inconsistency in the Act and of much confusion in its interpretation. Reflection has led to the conviction that the statutory language does not accurately express the true congressional intention. Thus I hold that Section 4(a) of the Project Act and the California Limitation Act refer only to the water stored in Lake Mead and flowing in the mainstream below Hoover Dam, despite the fact that Article III (a) of the Compact deals with the Colorado River System, which is defined in Article II(a) as including the entire mainstream and the tributaries. It is clear that Congress intended Section 4(a) of the Project Act to apply only to the mainstream, where the works authorized by the Act were to be constructed.32 The United States cannot by its operation and control of Hoover "Measured by diversions less returns. 32It is true that certain sections of the Project Act apply to the Colorado River System. The explanation for this is that in those sections Congress was dealing with problems which had system-wide application. Thus Section 13 applies system-wide because it approved the Colorado River Compact, which itself applies system-wide. Similarly, Section 16 applies to the entire river system because it deals with a possible future comprehensive development plan for the entire river system. But it is clear that many other sections of the Project Act apply only to the mainstream, and this is understandable because in them Congress was dealing only with mainstream problems. |
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 |
185-UUM-COvAZ-SMRP_page 173.jpg |
Setname |
wwdl_azvca |
ID |
1119925 |
Reference URL |
https://collections.lib.utah.edu/ark:/87278/s61835d5/1119925 |