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Show -6- In Washington v. Oregon, supra (526), it was said of the final issue in the case: "The question remains whether the Oregon irriga-tors as a result of all their acts are taking to themselves more than their equitable proportion of the waters of the river, priority of appropriation being the basis of division/' In the case of Kansas v. Colorado, 206 U. S. 46, Kansas was held to be a riparian right State. In Colorado v. Kansas, supra, it appeared that the doctrine of appropriation had been adopted in Kansas to a limited extent, but doubt remained as to the right of nonriparian owners to appropriate waters against objection by other such owners. Of the equitable rights of the States, the Court said: "And in determining whether one State is using or threatening to use more than its equitable share of the benefits of a stream all the factors which create equities in favor of one State or the other must be weighed as of the date when the controversy is mooted." The following additional decisions of this Court involved controversies between States regarding interstate waters: South Carolina v. Georgia, 93 U. S. 4 (obstruction of navigation) ; Tennessee v. Arkansas, 249 U. S. 588 (flood damage); North Dakota v. Minnesota, 256 U. S. 220 (flood damage) ; South Dakota v. Minnesota, 263 U. S. 365 (flood damage). Involving disputes over the diversion and use of water from interstate streams were Kansas v. Colorado, supra; Connecticut v. Massachusetts, supra; New Jersey v. New York, 283 U. S. 336; Arizona v. California, 283 U. S. 423; Arizona v. California, 298 U. S. 558; Washington v. Oregon, supra; Colorado v. Kansas, supra. |
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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] : |