OCR Text |
Show 231 uses, both mainstream and tributary. The only section which purports to effect a specific allocation of water is Section 4(a), and that, as explained at pp. 173-183, supra, applies only to the mainstream. But even if Section 4(a) applied to the entire river system, it would not support California's claim. The first paragraph of Section 4(a) is a limitation on California, not a grant to her, and hence cannot be a source of her rights to water as against the other Lower Basin states. The critical words in the tirst paragraph state that consumptive uses of water in California "shall not exceed" certain quantities per annum. This provision, that California's uses "shall not exceed" the specified quantity, does not mean that she is entitled to that quantity. California relies on the language in the first paragraph which states that the amount of water to which she is limited shall include "all water necessary for the supply of any rights which may now exist. . . ." She argues that this is a grant to her. But even if it were a grant, the language would give California only water to which she had rights derived from another source and would not constitute an independent basis for claiming water as against the other Lower Basin states. Furthermore, the natural reading of these words indicates not a grant, but a double limitation: California's consumptive uses shall not exceed 4.4 million acre-feet of 7.5 million acre-feet, and this is true despite her claims in 1928 that her existing rights exceeded 4.4 million acre-feet. The second paragraph of Section 4(a) authorizes a compact which was never consummated and hence it cannot be a source of California's right to water as against the other Lower Basin states. Moreover, that paragraph makes clear that Arizona uses of Gila River water are in addition to the apportionment authorized therein. See note 38, p. 179. |
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 |