OCR Text |
Show 334 Any claims that the Reservation might have as against Arizona users on the Salt and Gila Rivers are, as discussed above, matters of intrastate rights and priorities which should not be adjudicated in this case. The United States also claims rights to water from sources within the drainage area of the Gila River System for use in National Forests, Parks, Memorials and Monuments as well as for lands administered by the Bureau of Land Management. For reasons already stated, only claims to water of the Gila River and its interstate tributaries will be here considered. Ten federal establishments fall within this category. With the exception of the Gila National Forest, it is unnecessary to pass on the claims of the United States for water for any of the other nine federal establisments, because the United States has not demonstrated, except as to the Gila National Forest, that it presently utilizes or requires water from the mainstream of the Gila or its interstate tributaries in order to carry out the purposes of these establishments. Nor has the United States demonstrated, again excepting the Gila National Forest, that it will in the future require water from these sources. There is, therefore, no controversy over uses by these federal establishments to be adjudicated. Certainly it would be inappropriate to adjudicate the claims of the United States (with the exception noted) at this time since those claims may never be exercised much less questioned. Moreover, it would be impossible on the basis of this record to determine the water rights of the United States (except for the Gila National Forest) either on the basis of state law or on the basis of federal reservation of water. Of course, the rights of Arizona and New Mexico adjudicated herein are subject to possible superior rights of the United States asserted on behalf of National Forests, Parks, Memorials, Monuments and lands administered by the Bureau of |
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 |