OCR Text |
Show When there is not sufficient water in the Virgin River and its tributaries to supply all the rights hereby decreed, the available water shall be distributed to the various appropriators in accordance with their respective priorities as herein fixed, and no appropriator, except as specified herein, shall be entitled to divert and use water hereunder for any purpose until said prior appropriators shall have been satisfied in full. Where there are several rights of equal priority and there is not enough water to supply all the rights having such priority, the available water shall be prorated among such appropriators of equal priority in the proportion which the quantity to which they are entitled bears to the entire flow available to the rights of the priority in question. XI. The quantity of vater distributed to any user or appropriator shall be measured at or near the point where said water is diverted as herein fixed, e> cept as herein otherwise provided; and the total water in naid Virgin River and its tributaries except as may be otherwise provided herein, shall be determined by measuring the quantity of water diverted at each point of diversion, or point of measurement, as provided herein. XII. By reason of the fact that there is a wide variation in the conditions affecting the lands irrigated from said Virgin River and its tributaries, that such conditions vary with the season of the year from year to year, with crops grown, and with the temperature and precipitation changes, and that there is not now available sufficient data as to the effect of these changes on the irrigation users' requirements, no final determination is made at this time as to what further limitations should be placed on the irrigation rights herein decreed in order to prevent waste and secure maximum beneficial use of all available water. This case is therefore hereby held open to permit the accumulation of data as Dated : herein directed and the offering of such further evidence as may be desired, and jurisdiction is hereby expressly reserved to make such further orders herein from time to time and such final decree, supplemental to this decree, determining such further limitation as may be proper under the law aod the evidence then before this court; provided that such supplemental final decree shall be entered on or before the 12th day of Dcember, A. D. 1930. For the purpose of determining whether or not there may be seasons', times, or periods when water may be so applied and used by irrigation users that there may be water during such seasons, times or periods available to junior or subsequent appropriators, the commissioner charged with the distribution of said waters of said Virgin River and its tributaries under the terms hereof, is hereby authorized a»d directed to make a close and systematic study oi said river system and the lands irrigated by the water* thereof and report his findings thereon to this court from time to time prior to December 12th, 1930, and, if it shall be found that any irrigation user is receiving any more water at any time, season, or period than is being beneficially used or that any water is being wasted, the said commissioner is authorized to forbid such use or waste and may report to the court the conditions he finds, and the court is authorized to make such change as the conditions will justify. XIII. No waiver or adverse claim shall be made growing out of the distribution of said water for determination purposes, by the party or parties charged with the distribution of said waters. XIV. The compensation and expense of the water commissioner, having supervision of the distribution of said waters shall be assessed as provided by law, and be paid by users in proportion to the quantity of water in acre feet, or second feet, decreed each in the Schedule of Rights. |
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 |