OCR Text |
Show 17 of the undertaking of California, in conformity to the Boulder Canyon Project Act, to restrict its own use of the water. PROPOSITION 3 3. The opinion and decision of this Court herein, deprives the State of Arizona and the inhabitants thereof, of their property without due process of law in contravention to the Fifth Amendment to the Constitution of the United States, in that, while not over-ruling the previous opinion and decision of his Court in Arizona vs. California, 283 U. S. 423, it is directly contrary to and inconsistent with said previous opinion and decision in that the opinion and decision herein holds that the United States, by the Boulder Canyon Project Act, has appropriated all the surplus water not already appropriated, or "has undertaken, in the asserted exercise of its authority to control navigation, to impound, and control the disposition of, the surplus water in the river not already appropriated", while the opinion and decision of this Court in Arizona vs. California, 283 U. S. 423, which is not over-ruled by the opinion herein, holds and declares that "the Boulder Canyon Project Act does not purport to abridge the right of Arizona to make, or permit, additional appropriations of water flowing within the State or on its boundaries." The conflict in the opinion of the Court herein with the previous opinion in Arizona vs. California, 283 U. S. 423, is apparent upon reading the quoted parts of the two opin- |
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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] : |