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 216 |
OCR Text |
Show 216 the action of the Secretary in entering into contracts with political subdivisions in California82 immediately after enactment of the Project Act is evidence of the contemporaneous understanding. Indeed, in the case of California, the Secretary has made no contract with the State itself. The Secretary's contract with Arizona obligates him to deliver a certain quantity of water for use within the state, but this contract leaves it to the Secretary to decide with which users within Arizona he will contract for the delivery of all or part of Arizona's allotment. Article 7(1) of that contract specifically provides that deliveries of water to Arizona users "shall be made for use within Arizona to such individuals, irrigation districts, corporations or political subdivisions ... as may contract therefor with the Secretary, and as may qualify under the Reclamation Law. ..." In other words, the Secretary has agreed with the State of Arizona that he will deliver a certain amount of water to Arizona users, but he has reserved to himself discretion to decide with which users he will contract. This being the case, the Secretary is free, subject to statutory limitations, to contract with users in Arizona qualifying under the reclamation law for delivery to them of certain amounts of water out of the total amount allocated to Arizona. This is precisely what the Secretary has done in the contracts which are before us in this case. California's objection to the United States claims is on a different footing. For reasons hereinafter stated, I am of the view that state law governs intrastate rights and priorities to water diverted from the Colorado River. The application of such law presents issues which have not been tried and it would be inappropriate in any event to determine in this litigation the water rights of the various federal reclamation projects, adjoining lands and special users under the relevant state law. 82For a representative California contract see Appendix 8. |
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 |
228-UUM-COvAZ-SMRP_page 216.jpg |
Setname |
wwdl_azvca |
ID |
1119968 |
Reference URL |
https://collections.lib.utah.edu/ark:/87278/s61835d5/1119968 |