OCR Text |
Show 327 lower sections of the river is immaterial, [citations omitted] The established economy in Colorado's section of the river basin based on existing use of the water should be protected, [citations omitted] Appropriators in Colorado junior to Pathfinder have made out-of-priority diversions of substantial amounts. Strict application of the priority rule might well result in placing a limitation on Colorado's present use for the benefit of Pathfinder. But as we have said, priority of appropriation, while the guiding principle for an apportionment is not a hard and fast rule. Colorado's countervailing equities indicate it should not be strictly adhered to in this situation." It is clear that the agricultural economy of the Gila River Basin in New Mexico is dependent upon water from the system and that reduction of present uses will result in commensurate contraction of that economy. Furthermore, some of the water which is used beneficially in New Mexico would be lost enroute to users in Arizona.25 In addition, it seems that New Mexico uses only a relatively small portion of the water she contributes to the Gila River System.20 I am satisfied, therefore, that a reduction of present New Mexico uses is not warranted. The presently irrigated acreage figures for lands in New Mexico outside the Virden Valley, set forth in the Findings of Fact and recommended decree, represent a compromise between Arizona and New Mexico to which the United States has interposed no objection. This compromise has been adopted in the decree. This does not mean, however, that priorities as to present uses are entirely without force. On the contrary, the Gila Decree, United States v. Gila Valley Irrigation District, et al (Globe Equity No. 59),26a which adjudicated priorities 25Tr. 1403 (Gookin). 26See Ariz. Ex. 77, table 23. 26aAriz. Ex. 103. |
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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 |