OCR Text |
Show VIII-8 UPDATING THE HOOVER DAM DOCUMENTS 802 PART THREE Recommended Decree It is Ordered, Adjudged and Decreed that I. For purposes of this decree: (A) "Consumptive use" means diversions from the stream less such return flow thereto as is available for consumptive use in the United States or in satisfaction of the Mexican treaty obligation; (B) "Mainstream" means Lake Mead and the mainstream of the Colorado River downstream from Lake Mead within the United States; (C) Consumptive use from the mainstream within a state shall include all uses of water of the mainstream within that state, including but not limited to, uses made by persons, by agencies of the state, and by the United States for the benefit of Indian Reservations and other federal establishments within the state; (D) "Regulatory structures controlled by the United States" refers to Hoover Dam, Davis Dam, Parker Dam, Headgate Rock Dam, Palo Verde Weir, Imperial Dam, Laguna Dam and all other dams and works controlled or operated by the United States which regulate the flow of water in the mainstream or the diversion of water from the mainstream; (E) "Water controlled by the United States" refers to the water in Lake Mead, Lake Mohave, Lake Havasu and all other water in the mainstream below Hoover Dam and within the United States of America; (F) "Tributaries" means all stream systems in the Lower Basin of the Colorado River the waters of which naturally drain into the main Colorado River and also means that portion of the main Colorado River in the Lower Basin above Lake Mead; (G) "Perfected right" means a water right acquired in accordance with state law, which right has been exercised by the actual diversion of a specific quantity of water that has been applied to a defined area of land or to definite municipal or industrial works, and in addition shall include water rights created by the reservation of mainstream water for the use of federal establishments under federal law whether or not the water has been applied to beneficial use; (H) "Present perfected rights" means perfected rights, as here defined, existing as of June 25, 1929, the effective date of the Boulder Canyon Project Act; (I) "Domestic use" shall include the use of water for household, stock, municipal, mining, milling, industrial, and other like purposes, but shall exclude the generation of electrical power; (J) "Annual" and "Year," except where the context may otherwise require, refer to calendar years; (K) Consumptive use of water diverted in one state for consumptive use in another statre shall be treated as if diverted in the state for whose benefit it is consumed. |