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Show 197 use of water diverted from Lake Mead or the mainstream below. Arizona and Nevada disagree. They argue that Section 4(a) bars California from any share of what is described as Article III(b) water. This argument is based on an interpretation of the words ''excess or surplus waters un-apportioned by said compact" as meaning water above the 8,500,000 acre-feet referred to in Article III (a) and (b) of the Compact. Thus Section 4(a), Arizona and Nevada contend, permits California to consume 4,400,000 of the 7,500,000 acre-feet "apportioned" in Article III (a), none of the million acre-feet "apportioned" in Article III(b), and half of the "excess or surplus" above the 8,500,000 acre-feet "unapportioned by" Article III (a) and (b). This contention must be rejected. Questions regarding the proper interpretation of the words "surplus" and "apportioned" as used in the Compact aside, the legislative history of the Project Act makes it crystal clear that Congress did not intend to delimit an amount of water above 7.5 million acre-feet per annum which was not "excess or surplus water" and thus to which California could have no access. Rather, Congress intended that once the 7.5 million acre-feet of consumptive use were allocated, the surplus accounting would commence and California would be eligible to receive 50% of all other allocations. As explained at pages 190-193, the amendment proposed by Senator Hayden, based on the suggestion of Senator Pittman, clearly apportioned half of the million acre-feet referred to in Article III(b) to California. So did an amendment suggested by Senator Bratton of New Mexico,56 which was similar to the Hayden amendment. The amendment offered by Senator Phipps of Colorado,57 which was ultimately enacted as the first paragraph of Section 4(a), 58Calif. Ex. 2013. 5770 Cong. Rec. 324 (1928), Ariz. Legis. Hist. pp. 48-48A. |
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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 |