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 196 |
OCR Text |
Show 196 On the contrary, their meaning is clear and consistent with other Compact provisions. The Compact puts an embargo upon the acquisition of appropriative rights in excess of the limits set by Article III (a) and (b). The first call upon any remaining water goes to supply Mexico. Thereafter, any remaining water anywhere in the System is available for furthei equitable apportionment after 1963. Thus a new compact might raise the III (a) and (b) limits from 16 million acre ^eet as they presently stand to, for example, 20 million acre-feet The Compact thus makes sense when it deals with surplus unapportioned water of the Colorado River System, although it specifies no point of measuring this water, l»ecause, for Compact purposes, the accounting is made at tie" point of diversion. In effect, Article III (a) and (b) establishes quotas of allowable appropriations. When the^'' quotas have been exhausted, any remaining water in tit*" System (surplus) may be further apportioned by compact so as to increase the quotas. But the phrase as used in the Compact makes no sense in the Project Act, and thus the Compact interpretation must be rejected. Since I rejected the Compact definition of the phrase "excess or surplus waters unapportioned by said compact," its meaning must be derived from the Act itself and in harmony with the construction of the phrase "waters apportions I to the lower basin States by paragraph (a) of Article III-" On the basis of my interpretation of the latter phr-<se> the words "excess or surplus waters" must necessarih mean all consumptive use in the United States in any yc.n' from the mainstream in the Lower Basin in excess of "-5 million acre-feet. This is so because Congress intended (Hat any consumptive uses in addition to the first 7.5 million acre-feet should be disposed of under the surplus accounting- In short, surplus was intended by Congress to complete live universe, the first part of which was the 7.5 million aci e'-feet. This universe consists of all consumptive |
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 |
208-UUM-COvAZ-SMRP_page 196.jpg |
Setname |
wwdl_azvca |
ID |
1119948 |
Reference URL |
https://collections.lib.utah.edu/ark:/87278/s61835d5/1119948 |