page 24 | Western Waters Digital Library | J. Willard Marriott Digital Library

Western Waters AZ. vs CA.

Contents | 285 of 327

page 24

Download PDF | | Reference URL | Gallery View | Parent Record

Update Item Information

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 24
OCR Text	Show Date of Priority Class Acreage Duty Amount Period of Use. Point of Diversion. Place of Use. 24 114. PRINCE, LAWRENCE, New Harmony, Utah. 1870 1 12.4 60 0.21 c.f.s. US. SCHMUTZ, ANDREW G, New Harmony, Utah. 1860 1 8.3 60 0.13 c.f.s. 116. SCHMUTZ, GOTTLIEB, New Harmony, Utah. 1860 1 10.2 60 0.17 c.f.s. 117. THORLEY, RICHARD A., Cedar City, Utah. April 15, 1911 3 160.0 1.6 c.f.s. (Application No. 3142) (Certificate No. 816) 118. THORLEY, RICHARD A., Cedar City, Utah. Oct. 27, 1910 3 218.16 * 2.5 c.f.s. (Application No. 3554) (Certificate No. 1316) 119. THORLEY, SARAH S., Est. c/o Richard A. Thorley, Cedar City, Utah. Oct. 27, 1910 3 311.61 2.49 cJ.s. (Application No. 3555) (Proof Submitted Oct. 3, 1^25) 120. DECKER, GEO. W., Parowan, Utah. Feb. 20, 1915 3 240.0 (Application No. 6068) (Proof Due Nov. 15, 1926) 6.0 c.f.s. 121. THORLEY, RICHARD A., Cedar City, Utah. May 31, 1912 3 150.0 2.16 c.f.s. (Application No. 3263) (Certificate No. 714) 122. THORLEY, RICHARD A., Cedar City, Utah. Oct. 26, 1915 3 360.0 4.0 c.f.s. (Application No. 6336) (Proof Due Nov. 30, 1926) from April 1 to Dec. 1. Said water to be diverted from Ash Creek into the Davis and Pace Ditch at a point 70 ft. S. and 2060 ft. W. of the NE Cor. of Sec. 27, T. 38 S, R. 13 W. and used to irrigate 12.4 acres of land described as follows: 10.9 acres in Sec. 27; 1.5 acres in Sec. 26, T. 38 S., R. 13 W. Said water to be diverted from Ash Creek into the Gottlieb Schmutz Ditch at a point 1000 ft. N. and 150 ft. W. of the Wtf Cor. of Sec. 26, T. 38 S. ,R. 13 W. and used to irrigate 8.3 acres of land in Sec. 26, T. 38 S., R. 13 W. from April 1 to Dec. 1. Said water to be diverted from Ash Creek into the Gottlieb Schmutz Ditch at a point 1000 ft. N. and 150 ft. W. of the W^ Cor. of Sec 26, T. 38 S., R. 13 W^and used to irrigate 10.2 acres of land in said section 26. from Jan. 1 to Dec. 31. Said water to be diverted from Ash Creek at a point 2640 ft. S. and 82 ft. E. of the NW Cor. Sec. 36, T. 38 S., R. 13 W. and used to irrigate 144.6 acres in the SE# and 15.36 acres in SE1/* NE4 of said Sec. 36. from Feb. 1 to Dec. 1. Said water to be diverted from Ash Creek at a point 82 ft. E. and 2640 ft. S. of the NW Cor. of Sec. 36, T. 38 S., R. 13 W. and used to irrigate lots 3 and 4, Sec. 31, T. 38 S., R. 12 W.; lots 3, 4, 5 and the SE^ NW# Sec. 6, T. 39 S., R. 12 W.; lots 1 and 2, Sec. 1, T. 39 S., R. 13 W., a total of 218.16 acres. from Feb. 1 to Dec. 1. Said water to be diverted from Ash Creek at a point 2640 ft S. and 82 ft. E. of the NW Cor. of Sec. 36, T. 38 S., R. 13 W. and used to irrigate 311.61 acres of land embraced in SW!4 NEJ4, SE^ SW^ and the SE4 of Sec. 6; E/2 NE^ Sec. 7, T. 39 S., R. 12 W. from Mar. 1 to July 1. Said water to be diverted from Ash Creek at a point 5280 ft. W. and 1056 ft. N. of the NE Cor. Sec. 36, T. 38 S., R. 13 W. and used to irrigate 240 acres of land embraced in the NW/4 SW#, W/2 NW$4 Sec. 5; E^ NEtf Sec. 6, T. 39 S., R. 13 W. and S$4 SEJ4 Sec. 31, T. 38 S.f R. 12 W. from Jan. 1 to Dec. 31. Said water to be diverted from Sawyer Springs at a point 330 ft. W. of the SW Cor. of Sec. 36, T 38 S., R 13 W. and used to irrigate 150 acres of land embraced in Sees. 5 and 6, T. 39 S., R. 12 W. and Sec. 31, T. 38 S., R. 12 W. from Jan. 1 to Dec. 31. Said water to be diverted from Ash Creek at a point which bears S. 42°29' W. 6163 ft. distant from the NW Cor. of Sec. 31, T. 38 S., R. 12 W., and conveyed by means of a ditch for a distance of 8250 ft and there used to irrigate 360 acres of Snd embraced in Sees. 5, 6 and 7, T. 39 S., R. 12 W.
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	280233-UUM-UE-v28t18_page 24.jpg
Setname	wwdl_azvca
ID	1120635
Reference URL	https://collections.lib.utah.edu/ark:/87278/s6rr1x5q/1120635