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Show X-66 UPDATING THE HOOVER DAM DOCUMENTS 1-9-79 1005 No. 8, Orig. State of Arizona, Plaintiff, v. State of California et al. On Joint Motion to Enter Supplemental Decree an<l Motions for Leave to Intervene. [January 9, 1079] Per Curiam. The United States of America, Intervenor, State of Arizona, Complainant, the California Defendants (State of California, Palo Verde Irrigation District, Imperial Irrigation District, Coachella Valley County Water District, The Metropolitan Water District of Southern California, City of Los Angeles, City of San Diego, County of San Diego), and State of Nevada, Intervenor. pursuant to Art. VI of the Decree entered in the case on March 9, 1964. at 376 U. S. 340. and amended on February 28, 1966, at 383 U. S. 268, have agreed to the present perfected rights to the use of mainstream water in each State and their priority dates as set forth herein. Therefore, it is hereby ORDERED. ADJUDGED, AND DECREED that the joint motion of the. United States, the State of Arizona, the California Defendants, and the State of Nevada to enter a supplemental decree is granted and that said present perfected rights in each State and their priority dates are determined to be as set forth below, subject to the following: (1) The following listed present perfected rights relate to the quantity of water which may be used by each claimant and the list is not intended to limit or redefine the type of use otherwise set forth in said Decree. (2) This determination shall in no way affect future adjustments resulting from determinations relating to settlement of Indian reservation boundaries referred to in Art. II iD)(o) of said Decree. (3) Article IX of said Decree is not affected by this list of .present ]>erfectcd rights. (4) Any water right listed herein may be exercised only for benefioial uses. (5) In the event of a determination of insufficient mainstream water to satisfy present perfected rights pursuant to Art. II <B)(3) of said Decree, the Secretary of the Interior shall, before providing for the satisfaction of any of the other present perfected rights except for those listed herein as "MISCELLANEOUS PRESENT PERFECTED RIGHTS1' (rights numbered 7-21 and 29-80 below) in the order of their priority dates without regard to State lines, first provide for the satisfaction in full of all rights of the Chemehuevi Indian Reservation. Oocopah Indian Reservation. Fort Yuma Indian Reservation, Colorado River Indian Reservation, and the Fort Mojave Indian Reservation as set forth in Art. II (D)(l)-(5) of said Decree, provided that the quantities fixed in paragraphs (I) through (5) of Art. II (D) of said Decree shall continue to be subject to appropriate adjustment by agreement or decree of this Court in the event that the boundaries of the resj»ective reservations are finally determined. Additional present perfected rights so adjudicated by surh adjustment shall be in annual quantities not to exceed the quantities of mainstream water necessary to supply the consumptive use required for irrigation of the practicably irrigable acres which are included within any area determined to be within a reservation by such final determination of a boundary and for the satisfaction of related uses. The quantities of diversions are to be computed by determining net practicably irrigable acres within each additional area using the methods set forth by the Special Master in this case in his Report to this Court dated December 5, 1960. and by applying the unit diversion quantities thereto, as listed below: Unit Diversion Quantity Acre-Feet Indian Reservation Per IrrifaUe Acre Coco pah Colorado River Chemehuevi Ft. Mojave Ft. Yuma 8.37 667 5.97 6.46 6.67 The foregoing reference to a quantity of water necessary to supply consumptive use required for irrigation, and as that provision is included within paragraphs (1) through (5) of Art. II (D) of said Decree, shall constitute the means of determining quantity of adjudicated water rights but shall not constitute a restriction of the usage of them to irrigation or other agricultural application. If all or part of the adjudicated water rights of any of the five Indian Reservations is used other than for irrigation or other agricultural application, the total consumptive use. as that term is defined in Art. I (A) of said Decree, for said Reservation shall not exceed the consumptive use that would have resulted if the diversions listed in subparagraph (i) of paragraphs (1) through <o) of Art. II <D) of said Decree ami the equivalent portions of any supplement thereto had been used for irrigation of the number of acres specified for that Reservation in said paragraphs and supplement and for the satisfaction of related uses. Effect shall be given to this paragraph notwithstanding the priority dates of the present perfected rights as listed below. However, nothing in this paragraph (5) shall affect the order in which iwh rights listed below as "MISCELLANEOUS PRESENT PERFECTED RIGHTS' (numbered 7-21 and 29-80 below) shall be satisfied. Furthermore, nothing in this paragraph shall be construed to determine the order of satisfying any other Indian water rights claims not herein specified. I ARIZONA A. Federal Establishments Present Perfected Rights The federal establishments named in Art. II, subdivision (D). paragraphs (2), (4) and (5). of the Decree entered March 9, 1964. in this case, such rights having been decreed in Art. II: Annual Diversions Net Priority Drfined Area of Land (acre-feet)1 Acres1 Date 1) Cocopith Indian Reservation 2,744 2) Colorado River Indian Re?ervation 358,400 252,016 51.9Sfi 3) Fort Moj.ive Indian Reservation 27,969 88,447 431 53.768 37,803 7,799 4.327 10,589 Sept. 27, 1917 Mar. 3,1S65 Nov. 22,1S73 Nov. 16.1874 Sept. IS. 1S00 Feb. 2, 1911 B. Water Projects Present Perfected Rights (4) The Valley Division, Yuma Project in annual quantities not to exceed (i) '2)4.200 acre-feet of diversions from the mainstream or (ii) the quantity of mainstream water necessary to supply the consumptive use required for irrigation of 43,562 acres and for the satisfaction of related uses, whichever 1 The quantity of water in each instance is measured by (i) diversions or (ii) consumptive use required for irrigation of the respective acreage and for ihe satiifaction of related u.<es, whichever of (i) or (ii) is less. |