OCR Text |
Show -10- their proportionate share of the river water and that the Salt River Valley Water Users' Association be enjoined from delivering pumped water in lieu thereof or mixing pumped water therewith in supplying same; and that the Salt River Valley Water Users' Association be enjoined from pumping any water from beneath their lands in excess of such quantities as may be reasonably necessary to properly drain the lands. The plaintiffs in their brief have grouped the law problems involved in their petition for this relief as follows: "First: The right, legal or equitable, if any, of the Association to enforce payment of installments on back assessments, matured prior to September 4, 1934, by refusing delivery of irrigation water to which plaintiffs' lands are entitled; Second: The right, power or authority, legal or equitable, if any, of the Association to substitute for the river water belonging with and appurtenant to plaintiffs' lands either pump water or river water mixed and polluted with pump water; and Third: The right, power or authority, legal or equitable, if any, of the Association to pump, from within or beneath plaintiffs' lands, water in excess of such quantity as may be necessary to prevent the ground water table in said lands remaining so near the surface as to be injurious to those lands or to crops thereon." Under their first proposition, they contend that the Salt River Valley Water Users' Association has waived its right to withhold water for non-payment of these assessments for the reason that it has delivered waters after the assessments became due. This right is clearly provided for by contract. |
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] : California exhibits. |