OCR Text |
Show 306 and 50% to Arizona, unless and until the Secretary makes a contract with Nevada for 4% of surplus, in which event, to Nevada shall be apportioned 4% of surplus and to Arizona 46% of surplus. In the event that insufficient water is released from the mainstream reservoirs to satisfy 7,500,000 acre-feet of consumptive use in the United States in one year, the supply must be prorated among the three mainstream states. Each state's allocation is that proportion of the consumptive uses which can be satisfied by the available water which its apportionment of the first 7,500,000 acre-feet of mainstream consumption bears to the aggregate apportionment to all three states. Thus, if in one year water is available to satisfy an aggregate of only 6,000,000 acre-feet of consumptive use in the three states, each state's apportionment will be determined by the ratios described above, vis: 2.8 x 6 million acre-feet to Arizona; 4.4 x 6 million acre-feet to California; .3 x 6 million acre-feet to Nevada. 7.5 The Secretary of the Interior is required to make deliveries of water in accordance with the apportionments outlined above; the one exception to this requirement is prescribed by Section 6 of the Project Act, which directs that the dam and reservoir be operated in "satisfaction of present perfected rights in pursuance of Article VIII of said Colorado River compact...." I have heretofore construed "present perfected rights" to mean rights perfected as of June 25, 1929, the effective date of the Project Act. See note 20, page 152, supra. Before turning to the meaning of the term "perfected rights" as used in the Act, it should be noted that if California receives in one year 4,400,000 acre-feet of consump- |
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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 |