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Show 308 stantial^ character than paper filings sometimes recognized as an appropriate right under state law. Congress was concerned that those, who were actually using water from the Cplorado_Riyer-aad_jwho;relied,.on such water for their. existing needs should, not be deprived ,of it because of the proposed dam. But Congress was aware that many paper appropriations had been filed and claims of various sorts made to Colorado River water which, whatever their legal status under state law, were worthless as a practical matter unless and until the dam was built. Congress was not concerned to protect such claims. Projects,,and water uses developed by virtue of the construction of, the dam did not need to be protected against its consequences.2 Of course, a_water right is not a "present perfected" right within the meaning of Section 6 unless it is recognized under the applicable state law, for if it cannot be vindicated under state law there would be no reason to protect it in the Project Act. Hence I conclude that a water right is a "present per-fected right" and is within the protectionjof,Section 6 only if it was, as of the effective date of the Project Act (June 25, 1929), acquired in compliance:jyithjthe_formalities.of state law and only to the extent_that it represented, at that time, an actual diversion and beneficial use of a specific quantity of water applied to a defined area of land or to a particular domestic or industrial use. It has been suggested by the Imperial Irrigation District that state law would treat as "perfected" the right to take water in an amount measured by the capacity of existing works, even though such amount of water had never yet been actually diverted and applied to beneficial use. It is highly unlikely that Congress intended to adopt this broader aSee 70 Cong. Rec. 167-169 (1928), Ariz. Legis. Hist., pp. 22-31. |
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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 |