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Show 205 In the alternative, Nevada argues that if the contracts are held to govern, Nevada is not bound by the amendment to Article 5 (a) contained in her supplemental contract of 1944. That amendment provides for delivery from Lake Mead of "so much water, including all other waters diverted for use within the State of Nevada from the Colorado River system, as may be necessary to supply the state a total quantity not to exceed three hundred thousand (300,000) acre-feet each calendar year." Nevada contends that the debit imposed by the italicized words for use of tributary water was beyond the Secretary's authority to impose on Nevada under the Project Act.68 This contention is considered infra, at pages 237-247. Finally, the United States asserts the validity of all of the water delivery contracts and declares that Arizona and Nevada are bound by the provisions to which they object.69 The only reservation made by the United States is its claim that the contracts are subject to certain paramount rights of the United States. These claims of superiority are dealt with in the section of the Report commencing at page 254. 1, The Arizona Contract. A water delivery contract between the United States and the State of Arizona was entered into on February 9, 1944.69' Subdivisions (a) and (b) of Article 7 specify the quantity of water Arizona is to receive, subject to certain deductions set forth in Article 7(d), (f) and (g). Article 7(a) promises the delivery, from storage in Lake Mead, of so much water as may be necessary to supply a maximum of 2,800,000 acre-feet of consumptive use in the state each year, and Article 7(b) grants an additional amount denominated as one-half of surplus, both subject to the availability thereof 68Nev. Reply Brief, pp. 9-12. 69U. S. Brief, pp. 7-22. 69*The complete text of the contract appears in Appendix 5, page 399. |
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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 |