OCR Text |
Show 194 or stored in Lake Mead, much less to allocate these losses among the states, if the California limitation and the correlative apportionment among the three states are measured by consumptive use and applied at the diversion points. Interpretation of the phrase, excess or surplus waters. I turn now to a consideration of the phrase "plus not more than one-half of any excess or surplus waters unap-portioned by said compact." Our task of defining "excess or surplus waters unapportioned by said compact" is not aided by looking at the Compact. It uses the word "surplus" just once, in Article III(c), which provides that the Mexican burden "shall be supplied first from the waters which are surplus over and above the aggregate of the quantities specified in paragraphs (a) and (b)" of Article III. Article III(f) makes equally clear the uses of water that are "unapportioned" for Compact purposes, by providing for "further equitable apportionment of the beneficial uses of the waters of the Colorado River system unapportioned by paragraphs (a), (b) and (c)" of Article III. Thus by a literal Compact reading, the phrase would mean System water in excess of the aggregate of the apportionments of Article III(a), (b) and (c). But such a literal meaning is unacceptable. In the Compact sense, surplus is System water; that is, it is water in both the mainstream and the tributaries, and is water in both the Upper and Lower Basins. If the Project Act is given a literal Compact meaning, one-half of such surplus could be appropriated by California. Moreover, the proposed tri-state compact authorized Arizona to agree with California and Nevada for Arizona to take the other half. It is incredible that the Senators of the other five states in the Basin intended this act of generosity. Not one word of the legislative history suggests such an intention. The Upper Basin Senators, who originated the first para- |
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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 |