OCR Text |
Show 239 curring basis, insofar as this is possible under the physical conditions existing in the River Basin. Because of the topography and geography of the Lower Basin, water from the mainstream can be feasibly diverted and utilized for irrigation only by the construction of immense projects consisting of dams, pumping facilities, canals and other necessary works. Needless to say, the cost of such projects is enormous, and they can be financed only if a relatively constant and dependable supply of water seems likely to be available once they are completed. Similarly, existing projects cannot be economically operated unless a dependable supply of water is available. There will necessarily be some uncertainty of supply of mainstream water because of the very large fluctuation in the flow of water into Lake Mead each year.90 Legislation could not, of course, affect the geography of the region or the amount of precipitation. But the primary purpose of the Project Act in providing for the construction of Hoover Dam was to regulate this erratic flow so as to provide, so far as physically possible, a stable supply of water on the basis of which the economy of the Lower Basin could be developed.91 While Congress could not legislate away the uncertainties of supply created by nature, it could reduce them by means of the great reservoir and by pursuing a policy of permanent service contracts. In conformity with this purpose, the requirement of permanent service in Section 5 seems to have been intended to instruct the Secretary to contract for water deliveries in such a way as to assure users, as far as is physically possible, of a stable supply of water. Having authorized the dam to overcome the physical conditions which resulted in uncertainty of supply, Congress did not want the Secretary's contracts 90See Part One, pp. 117-120. "Hoover Dam cannot be entirely successful in this regard. See Part One, pp. 107-110. |
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 |