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 317 |
OCR Text |
Show 317 4(a) is concerned with consumption and not with supply and therefore does not affect any rights of that state to demand that tributary water be permitted to flow into the mainstream. Furthermore, it has been demonstrated that Section 4(a) regulates the mainstream only. Nothing in that section may reasonably be said to affect the question of tributary supply. It is difficult to believe that Congress, including the California senators who voted for the Project Act, and the California Legislature which passed the Limitation Act, intended that California should waive all claims to the substantial tributary contributions to the mainstream supply. It is unlikely that they intended that the states in the Lower Basin through which the tributaries flowed could consume all of the water in those tributaries without regard for California's claims, needs or existing uses. Similarly, the contracts for delivery of mainstream water which the Secretary of the Interior has made with Arizona, Nevada and the California defendants have no bearing on the question of tributary supply. The contracts are solely for delivery of water after it has found its way into the mainstream; they do not affect inflow into the mainstream. Nor can they reasonably be construed to include the waiver of any rights mainstream states may have to tributary inflow. In the light of the foregoing, the conclusion is inescapable that principles of equitable apportionment still control rights of mainstream states in waters of the tributaries of the Colorado River in the Lower Basin. At the present time the tributaries which empty into the Colorado River in the Lower Basin, other than the Gila River, make a substantial contribution to the supply of water in the mainstream. Once this tributary water commingles with the mainstream water it is governed by the Project Act and the Secretary's water delivery contracts and may be consumed only according to the interstate apportionment created by them. The mainstream users most certainly |
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 |
329-UUM-COvAZ-SMRP_page 317.jpg |
Setname |
wwdl_azvca |
ID |
1120069 |
Reference URL |
https://collections.lib.utah.edu/ark:/87278/s61835d5/1120069 |