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 225 |
OCR Text |
Show 225 may be reduced to 46% if the Secretary contracts to allocate 4% of surplus for use in Nevada. The Section 4(a) limitation which is incorporated into the California contracts measures California's apportionment in terms of consumptive use, see pages 185-187, supra, and the delivery contract between the United States and Arizona also specifies that Arizona's apportionment is measured by consumptive use. The Nevada delivery contract is not so specific, but it must be interpreted in the same manner since it was intended to correlate to the California contract and the prospective Arizona contract and also to approximate the apportionment suggested in Section 4(a). Consumptive use means, in all of the contracts, diversions from the mainstream less return flow thereto. Thus a state is not charged for water diverted by it which ultimately finds it way back to the Colorado River and which is available for use within the United States or which is available for delivery to Mexico in satisfaction of obligations imposed by the Mexican treaty. It should also be pointed out that the apportionment made by the delivery contracts applies to water stored in Lake Mead and flowing in the mainstream below Lake Mead. In other words, a state is charged for consumption of water released from Lake Mead and water which flows into the mainstream below Lake Mead from the Bill Williams River. The Section 4(a) limitation which is incorporated in the California contracts clearly provides for this result, see pages 184-185, supra, as does Article 7(1) of the Arizona delivery contract. Nevada, of course, does not have access to the inflow from the Bill Williams River; under her contract she is charged for all the mainstream water she utilizes. Furthermore, it is clear that the mainstream apportionment among Arizona, California and Nevada effectuated by the Secretary's water delivery contracts in conjunction |
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 |
237-UUM-COvAZ-SMRP_page 225.jpg |
Setname |
wwdl_azvca |
ID |
1119977 |
Reference URL |
https://collections.lib.utah.edu/ark:/87278/s61835d5/1119977 |