OCR Text |
Show 325 for water in that part of the Gila River drainage basin located in New Mexico.20 Both Arizona and the United States oppose New Mexico's claims. First, they assert that New Mexico present uses are junior to those of the other parties and should not be confirmed out of priority.21 Second, they maintain that actual present uses in New Mexico are substantially less than those claimed by New Mexico.22 Third, they argue that confirmation of estimated New Mexico future requirements is completely unjustified.23 The Gila River System is overappropriated; the supply of water presently available and which seems likely to be available in the future is not sufficient to satisfy the needs and demands of existing projects. Under such circumstances, it is appropriate to adjudicate the controversy among New Mexico, Arizona and the United States over the right to water in the Gila System. Nebraska v. Wyoming, 325 U. S. 589 (1945). None of the parties opposes such an adjudication. As noted in this Report, neither the Colorado River Compact nor the Boulder Canyon Project Act bears upon the question of the apportionment of water in the Lower Basin tributaries, see pages 316-317, supra, and hence they are of no help in deciding this controversy over the Gila River System. The doctrine of equitable apportionment is decisive of this controversy, as all the parties agree, although they differ as to its proper application.24 a. Present Uses New Mexico seeks a confirmation of existing uses in that state from the Gila River System. Despite the fact 20N. M. Brief, Point III. 21Ariz. Answering Brief, pp. 82-86; U. S. Reply Brief, pp. 54-60. 22Ariz. Special Appendix, pp. 1-8; U. S. Reply Brief, pp. 54-59. 23Ariz. Special Appendix, pp. 9-13; U. S. Reply Brief, pp. 60-61. 24Ariz. Opening Brief, pp. 62-63; N. M. Brief, pp. 4-5, 10-33; U. S. Brief, pp. 42-43. |
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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 |