OCR Text |
Show 278 perceptible change in the course of a river; it does not affect existing boundaries. See, e.g., Missouri v. Nebraska, 196 U. S. 23 (1904); Nebraska v. Iowa, 143 U. S. 359 (1892). The doctrine of avulsion includes both natural changes in course and changes caused by artificial means. Arkansas v. Tennessee, 246 U. S. 158, 173 (1918); cf. County of St. Clair v. Lovingston, 90 U. S. (23 Wall.) 46, 68 (1874). The United States seeks to invoke the doctrine of avulsion with respect to two artificial changes in the course of the Colorado River in the area in question. I find that in the period 1920-1921, a man-made change in the Olive Lake reach of the River caused the River to change course to the east, and I further find that a similar artificial change in the course of the River was made in the period 1943-1944 by the so-called "Ninth Avenue Cut-Off" in the Palo Verde Valley. Both of these changes being avulsive, the land that now lies west of the present west bank of the River but east of the west bank as it existed before these changes occurred is Reservation land and should be counted in determining the amount of irrigable acreage within the Reservation. With reference to these avulsive changes, California requests that the findings, conclusions and decree specifically disclaim any intention to pass on land titles of occupants of these areas. Of necessity, a determination of the amount of irrigable acreage within the Reservation and the consequent award of a quantity of water based on this determination requires adjudication of the boundaries of the Reservation. The findings herein made are therefore binding on the parties. Nevertheless, in the hearings and in this Report, I did not inquire into or determine the right of any occupant, whoever he might be, to the possession of lands within the questioned areas. |
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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 |