OCR Text |
Show 320 magnitude and it must be established by clear and convincing evidence.' New York v. New Jersey, 256 U. S. 296, 309; North Dakota v. Minnesota, 263 U. S. 365, 374; Connecticut v. Massachusetts, 282 U. S. 660, 669; Missouri v. Illinois, 200 U. S. 496, 521."14 There has been no showing that, at the present time, tributary users are threatening mainstream rights to continued tributary inflow within the meaning of this principle. Furthermore, it is clear that up to the present time, no existing mainstream project has been refused water, the delivery of which it has demanded. That this condition will continue at least until another large project using mainstream water is constructed cannot, on this record, be doubted. Should this condition change in the future then will be the time to consider the problem. Since, then, there is no occasion to determine mainstream rights to tributary inflow at the present time, since such an occasion may never arise, and since, even if it should arise, a more intelligent determination can be made in the future, it would violate precedent to adjudicate these rights in this case. See Nebraska v. Wyoming, 325 U. S. 589, 608 (1945); Colorado v. Kansas, 320 U. S. 383, 398 (1943); New York v. Illinois, 27A U. S. 488, 489-490 (1927); Missouri v. Illinois, 200 U. S. 496, 521 (1906); cf. Arizona v. California, 283 U. S. 423, 463-464 (1931). One other aspect of the mainstream-tributary controversy requires comment. Three tributary states, New Mexico, Nevada and Utah, seek a decree confirming existing uses and reserving to them rights to water for use in the future. Tributary users are not now being challenged by mainstream states in the enjoyment of their existing uses and therefore there is no controversy over their continued enjoyment. Moreover, since no new tributary uses appear "Washington v. Oregon, 297 U. S. 517, 522 (1936). |
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 |