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Title	Offer of proof and brief in support of offer [of the] State of Arizona, complainant, v. State of California, Palo Verde Irrigation District, Imperial Irrigation District, Coachella Valley County Water District, the Metropolitan Water District of Southern California, City of Los Angeles, City of San Diego, and County of San Diego, defendants, United States of America and State of Nevada, interveners, State of New Mexico and State of Utah, parties.
Creator	Rifkind, Simon H. (Simon Hirsch); California; Palo Verde Irrigation District; United States. Supreme Court; Nevada
Subject	Water rights; Water consumption; Rivers
OCR Text	Show This document constitutes the offer of proof which the Special Master directed to be made by the California defendants. The offer of proof is submitted in compliance with the Special Master's ruling, by letter dated July 1, i960. That ruling is in response to our motion (incorporated in our comments upon the Draft Report) for an opportunity to litigate the following issue, alternatively stated:- "(l) Is the meaning of the words of the California Limitation Act, repeated substantially from the following words of section 4(a) of the Boulder Canyon Project Act, 'waters apportioned to the lower basin States by paragraph (a) of Article III of the Colorado River compact,' controlled by whatever meaning is properly to be given to Article Ill(a) of the Compact? "(2) Is the meaning of the above quoted words: M(i) 7.500,000 acre-feet from Lake Mead and the main stream below Lake Mead, contrary to the Compact meaning, or "(ii) 7,500,000 acre-feet apportioned to the lower basin states from the waters of the Colorado River system (i.e., the main stream and tributaries in the lower basin) in accord with the Compact meaning?" The Special Master's letter states that California may submit "an offer of proof specifying the witnesses to be called and the papers to be offered, together with a statement of the gist of the testimony which each witness is expected to give and the relevant content of each of the papers." The tendered proof is documentary. Because it has been impossible in the time allotted to complete the search for documentary materials relating to this issue which emerged on May 5, i960, with the circulation of the Special Master's Draft Report, the California defendants may ask leave at a later date to supplement the offer with additional documentary materials. This offer of proof consists of three sections. Part I states the findings of fact and conclusions of law which follow from admission of the documents offered. We also discuss here the interrelationship of the issues controlling the "contractual allocation scheme" proposed in the Draft Report. Part II lists the exhibit number and description of each document. Part III is our brief in support of the offer of proof. Approximately sixty exhibits have been organized into groups for convenience of reference and discussion.-/ We consider their relevance and, briefly, competence. The full text of these documents, or extracts therefrom relevant to this offer, has been reproduced and bound separately in exhibit size notebooks. We emphasize that the documents merely reinforce the plain, clear, and rational meaning of the words of the Project Act and the Limitation Act. The words of the statute control the determination of the issue to which our offer of proof is directed.
Publisher	[n.p.] 1960.
Date	1960
Type	Text
Format	application/pdf
Digitization Specifications	Pages were scanned at 400 ppi on Fujitsu fi-5650C sheetfed scanner as 8-bit grayscale or 24-bit RGB uncompressed TIFF images. For ContentDM access the images were resampled to 750 pixels wide and 120 dpi and saved as JPEG (level 8) in PhotoShop CS with Unsharp Mask of 100/.3. Foldout pages larger than 11" x 14" were captured using a BetterLight Super 8K-2 digital camera back on a 4x5 view camera (100mm Schneider APO lens). Oversize images were resampled to 1500 pixels wide. Optical Character Recognition (OCR) by ABBYY FineReader 7.0 with manual review.
Source	Brigham Young University
Language	eng
Rights Management	Digital Image Copyright 2005, University of Utah. All Rights Reserved.
Holding Institution	Law Library, Brigham Young University Libraries
Source Physical Dimensions	1v. (various paging) 29 cm.
Scanning Contractor	Backstage Library Works - 1180 S. 800 E. Orem, UT 84097.
Call Number	KF5575.A55 .A754
ARK	ark:/87278/s6wh2nxg
Setname	wwdl_azvca
ID	1120350
Reference URL	https://collections.lib.utah.edu/ark:/87278/s6wh2nxg

Page Metadata

Title	page II-2
OCR Text	Show B. Identification of Documents California Exhibit 7501 Extracts from "Second Report of the Colorado River Commission of Arizona, December 31> 1928" 7502 Extracts from "The Boulder Canyon Project-A Compilation of Data and Information Relative to the Colorado River Development" by the Colorado River Commission of the State of California, dated September 10, 1930 7502-A Application to Hon. Ray Lyman Wilbur, Secretary of the Interior, from The Metropolitan Water District of Southern California, for Changes of Contract dated April 24, 1930, between the United States of America, acting by and through the Secretary of the Interior, and The Metropolitan Water District of Southern California, for the Delivery of Water from the Boulder Canyon Project 7503 Motion for Leave To File Bill of Complaint and Bill of Complaint, No. 19 Original, October Term, 1930 7503-A Letter from R. P. Walter, Chief Engineer, Bureau of Reclamation, to Commissioner, with enclosure, Memorandum from E. B. Debler, "Bill of Complaint--Arizona vs Other States and the Secretary of the Interior," dated November 17, 1930 7504 Extracts from Arizona's Brief in Support of Motion for Leave To File Bill To Perpetuate Testimony, October Term, 1933 7505 Protest and Brief of the States of Colorado, New Mexico, Utah and Wyoming against the Execution of Said [Arizona 1934] Proposed Contract, Filed Before the Department of the Interior by the Governor and the Attorney General of the Respective States of Colorado, New Mexico, Utah, and Wyoming II-2
Format	application/pdf
Source	Original book: State of Arizona, complainant, v. State of California ... [et al.], defendants :
Resource Identifier	300031-UUM-COP-v30p2_page II-2.jpg
Setname	wwdl_azvca
ID	1120127
Reference URL	https://collections.lib.utah.edu/ark:/87278/s6wh2nxg/1120127