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Show 142 UPDATING THE HOOVER DAM DOCUMENTS The Special Master concluded that a reduction of present New Mexico uses was not warranted despite the fact that many of them are junior in time to downstream Arizona users. The priorities adjudicated in the Gila decree, United States v. Gila Valley Irrigation District (Globe Equity No. 59), were confirmed but the interpretation of that decree was left to the United States District Court for the District of Arizona, particularly with regard to the use of underground water in addition to surface diversions. As to the 380.81 acres of land within the Virden Valley in New Mexico, not specified in the Gila decree, the compromise between Arizona and New Mexico permitted continued irrigation with water from underground water sources of the Gila River despite the United States objections that this use may reduce the surface supply in the Gila River and thus the quantity of water available for the Gila River Indian Reservation. Nevertheless, unless a change of condition required modification of the proposed decree, the Special Master felt it would be unreasonable to reserve water for future uses in New Mexico while senior downstream appropriators in Arizona remain unsatisfied. C.22.2 United States Claims As to the United States claims to reserved water for Federal establishments on tributaries of the Gila River, the conclusion was that it would be inexpedient to adjudicate this type of purely local claim. However, different considerations governed the claims of the United States to water from the Gila River and its inter-State tributaries, since these streams are overappropriated and the controversy is real and immediate. The United States claimed Gila River water for three Indian Reservations; i.e., Gila River, San Carlos, and the Gila Bend Indian Reservations. The rights of the first two Reservations to divert waters from the mainstream of the Gila River are governed by the Gila decree. In addition, the Special Master felt no reasonable purpose would be served by allocating water to the Gila Bend Indian Reservation at the expense of reducing present New Mexico users, particularly since most of it would be lost in transit. The Special Master felt it unnecessary to pass on the claims of the United States for any of the nine Federal establishments claiming water of the Gila River and its inter-State tributaries, except as to the Gila National Forest. The reason therefor was that the United States had not demonstrated that it presently utilizes or requires water to carry out the purposes of these establishments. Nevertheless, since the Gila National Forest presently diverted water from the Gila and San Francisco Rivers, a finding was warranted that the United States intended to reserve water necessary to fulfill the purpose for which the forest was created. The Special Master made findings of fact and conclusions of law to augment the foregoing rights. D. Special Master's Decree Recommended to Supreme Court This contained the recommended decree of December 5, 1960, of the Special Master. The text of the Decree appears in the Appendix as 802. |