OCR Text |
Show 319 diate danger of being interfered with. There is no evidence that there will be, in the immediately forseeable future, any substantial increase in uses on the tributaries. Indeed, except for the proposed Dixie Project on the Virgin River in Utah, there is no evidence of any pending proposals or plans for the construction of specific works involving the increased use of water on any of the tributaries. At best, the evidence shows only vague general hopes for growth and development on the tributaries. The Dixie Project itself cannot be considered an immediate threat to the continuation of present tributary inflow into the mainstream. There is no evidence that the Dixie Project will be developed except as a federal reclamation project, yet its authorization by the United States is far from certain. The Regional Director of the Bureau of Reclamation for Region Three has twice issued favorable reports on the proposed project to the Commissioner of Reclamation, but the latter has not yet approved it.11 So far as the evidence shows, the proposed project has not even been brought to the attention of the Secretary of the Interior or of Congress,12 and congressional approval is required before the project can be developed. Moreover, the Regional Director's approval of the Dixie Project was conditioned on Utah fulfilling certain conditions which have not yet been met.13 In this state of the record, principles established by the Supreme Court dictate that mainstream rights to tributary inflow ought not now be adjudicated. As the Court has stated: " 'Before this court can be moved to exercise its extraordinary power under the Constitution to control the conduct of one State at the suit of another, the threatened invasion of rights must be of serious "Calif. Exs. 2901, 2902; Utah Exs. 31, 31A. 12Tr. 17925-17937, 17949-17954 (Bingham); Calif. Ex. 2904. 13Ibid. |
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 |