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Western Waters AZ. vs CA.

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Title	Utah exhibits [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 The State of Utah was joined as a party in this case, in its capacity as a State of the Lower Colorado River Basin, by order of the United States Supreme Court, dated December 12, 1955. In its formal pleadings filed following this order, the State of Utah asked for confirmation of its asserted right to the consumptive use of 175,000 acre-feet per annum of the water apportioned to the Lower Basin by Articles III (a) and III (b) of the Colorado River Compact. The State of Utah also asked that it be decreed its equitable share of any waters which might be apportioned under Article III(f) of the Compact. The rights thus asserted by the State of Utah are based: (1) Upon priority of appropriation, which rights are expressly recognized and protected as "presently perfected rights" or as "rights which may now exist" by the terms of the Colorado River Compact; and (2) upon the principle of equitable apportionment. In this connection it should be noted that Utah makes no distinction between water apportioned under Article III (a) and under III (b) of the Compact. The only water physically available to Utah, however, is from the Virgin River, Kanab Creek and Johnson Creek, all of which streams are tributary to the Colorado River above Hoover Dam. Only the Virgin River actually contributes to the Colorado River each year. Flow from the other two streams normally sinks into the ground and is dissipated through evaporation and transpiration shortly after crossing the Utah-Arizona line. Since the filing of formal pleadings in this case, further study and investigation has prompted us to reduce Utah's demands from a consumptive use figure of 175,000 acre-feet of water to 125,000 acre-feet. This quantity would constitute a full water supply for a total of about 39,000 acres, including present and future development plus a di- version from the basin of about 10,000 acre-feet, and compares with a present consumptive use of 58,000 acre-feet of water for approximately 25,300 irrigated acres and other incidental uses. Evidence will be submitted to demonstrate that Utah has a firm legal as well as historical right to the use of the water here claimed. Water from the Virgin River has been diverted for irrigation in Utah ever since the year 1854. At the time of the so-called "Mead Report" in 1902, there was stated to be more than 10,421 irrigated acres in the Utah portion of the Lower Colorado River Basin. Applicable court decrees establish appropriative rights to water from the Virgin River with priorities as early as 1860. In fact, Utah's use of water in the Lower Colorado River Basin is believed to be the oldest of any white men in the Basin, even though Utah's quantitative uses may be relatively small compared to the total uses within the Basin. Nevertheless, such uses as have existed and now exist are vital to the economic well-being of the entire southwest area of Utah. This particular corner of the state is known as "Utah's Dixie." It has climate and soils suitable for producing crops that can be grown nowhere else in the state. Its special products consist chiefly of fruits, vegetables, and specialty crops such as sugar beet seed for use in other areas of Utah and in other states.
Date	1956
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.
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	v. fold. chart., table. 29 cm.
Scanning Contractor	Backstage Library Works - 1180 S. 800 E. Orem, UT 84097.
Call Number	KF5575.A55 .A762 Vol. 1 Vol. 2
ARK	ark:/87278/s6rr1x5q
Setname	wwdl_azvca
ID	1120678
Reference URL	https://collections.lib.utah.edu/ark:/87278/s6rr1x5q

Page Metadata

Title	page 5
OCR Text	Show Hunt shall have used residue for 15 hours during each calendar week; and the defendant Royal Hunt shall take and divert upon his land in his homestead 1/7 of said residue of said waters, for 15 hours during each calendar week, and he shall have hereby and he is^iven the right so to do; said residue herein referred to shall be ascertained and determined as in said former decree set out and mentioned* It is Further Ordered, AdjudgBd and Decreed that the defendants Benjamin Chadburn and Frederick Chadbourne have no right to the use of any of the normal flow of said stream when the same is needed by the otherjf owners of said stream; but when there are high or surplus waters in said stream, then the said defendants Benjamin Chadbourne and Frederick Chadbourne may use and divert such portions of surplus waters as the;?! may need to irrigate their lands, without injury to the other owners of the waters of said stream. It is Further Ordered, Adjudged and Decreed that each year, prior to the irrigation season, the several owners of the right to the waters of said stream, Santa Clara Creek, as determined in said former decree, shall choose some suitable, capable, competent and disinterested person to act as water master, or water commissioner, to measure and distribute the waters of said stream to the several owners thereof, and if said owners cannot agree upon any person so to act, then the District Judge of the Fifth Judicial District of the State of Utah, in and for the County of Washington, shall select and appoint such suitable, capable, competent and disinterested person so to act as such water master or water commissioner. It Is Further Ordered, Adjudged and Decreed that the costs and expenses of the employment of said water master or water commissioner shall be borne and paid by said several owners of said water, in accordance with the acreage of land owned by each, irrigated by the waters of said stream. It is Further Ordered, Adjudged and Decreed that each of the parties to this action pay their own respective costs. It is Further Ordered, Adjudged and Decreed that each of the parties to this action, their and each of their servants, agents, attorneys, employees and officers be and they and each of them are hereby perpetually enjoyned and restrained from in way interfering with the rights of each other any manner or/in and to the waters of said stream, except as herein specifically decreed to each.
Format	application/pdf
Source	Original book: Utah exhibits [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
Resource Identifier	280027-UUM-UE-v28t10_page 5.jpg
Setname	wwdl_azvca
ID	1120540
Reference URL	https://collections.lib.utah.edu/ark:/87278/s6rr1x5q/1120540