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 221 |
OCR Text |
Show 221 tract for the delivery of water stored in Lake Mead and flowing in the mainstream below. The only water in the Yuma Main Canal of the Yuma Project, and thus the only water which can be delivered under this contract, is mainstream water which has been diverted at Imperial Dam. See pages 35, 50-51, supra. Since Section 5 of the Project Act commands that no person may receive mainstream water "except by contract made as herein stated", and since the Arizona Edison contract is not "as herein stated" because it is not for permanent service, the contract is invalid and the Secretary may not deliver water pursuant to it. Water deliveries under the Arizona Edison contract have constituted a "supplemental water supply" for the City of Yuma. If the city requests a Section 5 contract to replace the deliveries which have been made under the Arizona Edison contract nothing has been called to my attention which would prevent the Secretary of the Interior from entering into such a contract if he so desired. 5. The Contractual Allocation System. The water delivery contracts into which the Secretary has entered with the states of Arizona and Nevada and with the California users constitute an allocation of mainstream water. Although the Arizona contract is written in terms of the "maximum" amount to be delivered and the Nevada contract in terms of "a total quantity not to exceed" the specified amount, I think that the Secretary has delivery obligations under these contracts. Otherwise they would be illusory and would make little sense. Of course, the Secretary is not required to drain Lake Mead dry in fulfilling demands for delivery of water. In the exercise of a reasoned discretion he will decide how much water is to be released from the reservoir each year, and his decision may be based on any reasonably relevant factors. Clearly he has this power under Sections 1, 5 and 6 of the Project Act, and I can find nothing in the |
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 |
233-UUM-COvAZ-SMRP_page 221.jpg |
Setname |
wwdl_azvca |
ID |
1119973 |
Reference URL |
https://collections.lib.utah.edu/ark:/87278/s61835d5/1119973 |