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Show 333 does not claim any rights to divert water for Indian Reservations from the San Francisco River and San Simon Creek, the other two interstate streams of the Gila System. The interests of both the Gila River Indian Reservation and San Carlos Indian Reservation were represented by the United States in United States v. Gila Valley Irrigation District, et al. (Globe Equity No. 59)82 and the United States concedes that rights to divert water from the mainstream of the Gila River asserted on behalf of these Reservations are governed by the Gila Decree.88 However, rights of the Gila Bend Indian Reservation, which is located below the confluence of the Salt and Gila Rivers approximately 40 miles southwest of Phoenix, are not subject to the Gila Decree. Assuming arguendo that this Reservation has the senior priority on the Gila River, proper application of the principles of equitable apportionment would still compel a finding that reduction of present New Mexico uses for its benefit would be unwarranted. The Gila is a wasting stream below Ashurst-Hayden Dam, see note 45, page 338, infra. Water required to be released at potential points of use in New Mexico would have to travel through part of that state and through half of Arizona, across hot deserts, before reaching the Reservation, and a substantial amount of it would be lost en route. Moreover, the United States admits that "an adequate water supply, primarily from underground sources ... is presently available for the irrigation of lands of the Gila Bend Indian Reservation."34 It is apparent, therefore, that no reasonable purpose can be served in an equitable apportionment by allocating water to the Reservation at the expense of present New Mexico uses. s2Ariz. Ex. 103. ssSee U. S. Proposed Conclusions 4.22.1, 4.23.2. S4U. S. Proposed Finding 4.21.5. |
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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 |