OCR Text |
Show 29 are exercising the rights and privileges conferred by said section 16. XXVIII Said Boulder Canyon Project Act is in excess of the powers granted to Congress by the Constitution of the United States, and is unconstitutional and void, for the reasons following, to-wit: (1) Said act attempts to deprive the State of Arizona of its sovereign jurisdiction and control of the water and other natural resources of said State, particularly the water of the Colorado River and its tributaries flowing in said State and the dam sites and reservoir sites situated therein; to vest such jurisdiction and control in the United States; to abrogate and supersede the laws of said State respecting the appropriation and use of said water and other natural resources; and to prohibit such appropriation and use, except as authorized and provided for in said act. (2) Said act attempts to subject the State of Arizona to the Colorado River Compact, and to enforce said compact and make it effective in Arizona, notwithstanding said State has never ratified or approved said compact. Thereby said act attempts to deprive said State, its citizens, inhabitants and property owners, of their right to appropriate the 5,000,000 acre-feet of unappropriated water which said compact attempts to apportion to said Upper Basin, and of their right to appropriate the 3,000,000 acre-feet of unappropriated water which said compact leaves unapportioned and attempts to withdraw from appropriation, as aforesaid. Said 5,000,-000 acre-feet of apportioned water and said 3,000,000 acre-feet of unapportioned water are a part of the un- |
Source |
Original book: [State of Arizona, complainant v. State of California, Palo Verde 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, defendants, United States of America, State of Nevada, State of New Mexico, State of Utah, interveners] : |