OCR Text |
Show -2- Arizona, acting through its Colorado River Commission, pursuant to Chapter 3 of the 1929 Session Laws of Arizona, has prepared a form of contract intended to be executed by the Commission and the Secretary of the Interior, which provided by the first paragraph of Article 11 and subparagraph (a) that: 11. From storage available in the reservoir created by the Boulder Dam, the United States will deliver under this contract each calendar year, at points of diversion at or below Boulder Dam on the Colorado River, so much water as may be necessary to enable the beneficial consumptive use for irrigation and potable purposes in Arizona of 2,800,000 acre-feet per annum, subject to the following provisions: (a) Projects and water users in Arizona of the waters covered by this contract shall have the exclusive right to withdraw and divert any water in Boulder Canyon Reservoir accumulated to their credit (not exceeding at any one time 4,750,000 acre feet in the aggregate) by reason of reduced diversions by said Arizona projects and users, provided that total withdrawals from Boulder Canyon Reservoir, including withdrawals of such accumulated waters under this contract, shall not exceed in any calendar year 2,800,000 acre feet, provided further that accumulations shall be subject to such conditions as to accumulation, retention, release, and withdrawal as the Secretary of the Interior may from time to time prescribe in his discretion and the determination thereof by the Secretary shall be final, provided further that the maximum accumulation hereunder shall decrease in amount in direct proportion to the decrease from any cause in the rated capacity of the reservoir, and provided further that the United States of America reserves the right to make similar arrangements with users in Arizona and in other states without distinction in priority and to determine the correlative relations between the projects and such users resulting therefrom. A question has arisen concerning the authority of the Secretary to include subparagraph (a) in the contract. It is my opinion that such provision is inhibited by the terms of the act and the Colorado River Compact. |
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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] : California exhibits. |