OCR Text |
Show - 6 - retary, whether relating to the storage and delivery of water or to electrical energy, and whether made with states, municipalities, corporations or individuals, must be subject to certain conditions and covenants, namely, those of the Colorado River Compact. The conditions and covenants imposed by the Project Act are to be found in Sections I. 8 (a), 13 (b), 13 (c), and 13 (d) thereof. These will be referred to later at length. Under said Act these conditions are part of any contract made, whether set forth in the contract or not, but said Act, in Section 13 (c) provides that they must be set forth expressly. It follows from the requirements of the Act that any departure in the contract from the Compact conditions of the Act is ultra vires and a nullity. All six of the states signatory to the Compact, including the four uniting in this protest and brief, brand the proposed Arizona contract as a subterfuge and evasion, and as an out and out violation of the Compact-terms of the Act. They regard it as a document that should not be executed and, if executed, subject to judicial annulment. They demand of Arizona that she observe the terms of the Project Act. |
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] : |