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 232 |
OCR Text |
Show 232 (4) The Water Delivery Contracts. The water delivery contracts which the Secretary of the Interior has entered into with the California defendants constitute the only possible basis for California's claim to mainstream water. Those contracts do allocate water to California, see pp. 221-225, supra, but only from a three-state apportionment limited to the mainstream. The California contracts, together with the Arizona and Nevada contracts, constitute an apportionment among the three states. California's major contention, that Arizona is to be charged for her uses of Gila River water under the tri-state apportionment, fails before the clear language of the Arizona water delivery contract. Paragraph 7 of that contract explicitly apportions to Arizona "from storage in Lake Mead at a point or points of diversion on the Colorado River" 2.8 million acre-feet plus half of surplus. Paragraph 7(1) also provides that: "All consumptive uses of water by users in Arizona, of water diverted from Lake Mead or from the main stream of the Colorado River below Boulder Dam . . . shall be deemed, when made, a discharge pro tanto of the obligation of this contract." (Emphasis added) Nothing in the Arizona water delivery contract can be interpreted, even with the most vivid imagination, as charging Arizona for her consumptive uses of Gila River water. Rather, the language of that contract explicitly and unmistakably allocates water to Arizona only from the mainstream, leaving her free to consume water from the Gila in addition to the contractual apportionment. Thus far the Report has described that part of the contractual allocation scheme that governs two distinct supply situations: (1) where there is sufficient mainstream water to satisfy 7.5 million acre-feet of consumptive use in the United States in one year; and (2) where there is surplus because of sufficient water to satisfy uses in excess of 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 |
244-UUM-COvAZ-SMRP_page 232.jpg |
Setname |
wwdl_azvca |
ID |
1119984 |
Reference URL |
https://collections.lib.utah.edu/ark:/87278/s61835d5/1119984 |