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Show 326 that many of these uses are junior in time to uses downstream in Arizona, I conclude that they should not be disturbed. Although priority of appropriation has been characterized as the guiding principle of equitable apportionment in the arid regions of the United States, Nebraska v. Wyoming, 325 U. S. 589 (1945); Wyoming v. Colorado, 259 U. S. 419 (1922), it is by no means necessarily conclusive of the rights in dispute. In Nebraska v. Wyoming, supra, at 618, the Court said: "Priority of appropriation is the guiding principle. But physical and climatic conditions, the consumptive use of water in the several sections of the river, the character and rate of return flows, the extent of established uses, the availability of storage water, the practical effect of wasteful uses on downstream areas, the damage to upstream areas as compared to the benefits to the downstream areas if a limitation is imposed on the former-these are all relevant factors. They are merely an illustrative, not an exhaustive catalogue. They indicate the nature of the problem of apportionment and the delicate adjustment of interests which must be made." It is worthy of note that the Court, in an equitable apportionment suit, has never reduced junior upstream existing uses by rigid application of priority of appropriation. Indeed, the tendency has been to protect existing uses wherever possible. See Washington v. Oregon, 297 U. S. 517 (1936); Kansas v. Colorado, 206 U. S. 46 (1907). In Nebraska v. Wyoming, supra, at 621-622, junior upstream existing uses were confirmed despite the fact that the North Platte, as the Gila is here, was overappropriated. The Court stated: "We are satisfied that a reduction in present Colorado uses is not warranted. The fact that the same amount of water might produce more in |
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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 |