OCR Text |
Show 201 D. Water Delivery Contracts Made By the Secretary of the Interior Since Arizona, California and Nevada have not entered into compacts for the allocation of mainstream water pursuant to Sections 4 and 8 of the Project Act, the several water delivery contracts made by the Secretary of the Interior, on behalf of the United States, govern this allocation. The Secretary has contracted with the states of Arizona and Nevada. He has also entered into contracts with California users which incorporate a so-called Seven-party Agreement setting forth priorities among them. The Secretary has further contracted with a number of water users in Arizona and California for the delivery of water to federal reclamation projects, lands bordering these projects and special users in the Yuma, Arizona, area. All of the Secretary's contracts, except one Special Use contract, recite that deliveries under them are subject to the availability of the water under the Colorado River Compact and the Boulder Canyon Project Act. After consideration of the arguments bearing on the validity of the Secretary's water delivery contracts, I am persuaded that, with the exception of a provision in the Arizona and Nevada contracts62 and one Special Use contract,62* they are valid and binding both on the United States and the other contracting parties. The contentions of the parties respecting the contracts may be divided into two categories: those respecting their own contracts; and those respecting the contracts of other parties. Arizona contends that her contract is unenforceable to the extent that it departs from the statutory formula 62Article 7(d) of the Arizona Contract and Article 5(a) of the Amended Nevada Contract, discussed infra, at pp. 237-247. 62aThis contract, between the United States and the Arizona-Edison Company, Inc., is discussed at pp. 220-221, infra. |
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 |