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 309 |
OCR Text |
Show 309 definition. Congress must have realized that following construction of Hoover Dam new diversion works would be built for most downstream uses. The Project Act authorized not only the erection of the dam but also the construction of the All-American Canal to serve Imperial and Coachella Valleys, thus relieving them of dependence on diversions through Mexico. Since the Project Act authorized structures designed to replace existing diversion works, it is unlikely that Congress intended to define perfected rights in terms of the carrying capacity of these obsolete works. More natural is a congressional intention to protect, as present perfected rights, those uses which were actually in existence^ andjwhichjwere_jthe basis of a going economy. As stated before, the congressional intention was to insure that persons actually applying water to beneficial use would not have their uses disturbed by the erection of the dam and the storage of water in the reservoir. Under the proposed definition of perfected rights a question arises with respect to water reserved from the mainstream for use on federal establishments in the Lower Basin. I_have held that the United States has the power to reserve water for the reasonable future needs of federal establish-ments and that certain .statutes,,executive orders and other orders of withdrawal were intended to exercise this power. Thejwater_rights created by such a federal reservation do not depend upon.state,Jaw„or upon the actual diversion and beneficial use of a specific quantity of water. Qn _the__cpntrary, they are superior to subsequent appropriations under state law, although the subsequent appropriator _may be first to divert.and use the water. See pages 257 et seq., supra. The question that arises is whether a reservation of water by the United States before June 25, 1929, is accorded the protection given by Section 6 to present perfected rights, |
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 |
321-UUM-COvAZ-SMRP_page 309.jpg |
Setname |
wwdl_azvca |
ID |
1120061 |
Reference URL |
https://collections.lib.utah.edu/ark:/87278/s61835d5/1120061 |