OCR Text |
Show 606 INTERSTATE ADJUDICATIONS (G) "Perfected right" means a water right acquired in ac- cordance 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 in- dustrial 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 pur- poses, 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 con- sumptive use in another State shall be treated as if diverted in the State for whose benefit it is consumed. II. The United States, its officers, attorneys, agents and employees be and they are hereby severally enjoined: (A) From operating regulatory structures controlled by the United States and from releasing water controlled by the United States other than in accordance with the following order of priority: (1) For river regulation, improvement of navigation, and flood control; (2) For irrigation and domestic uses, including the satis- faction of present perfected rights; and (3) For power; Providedj however, that the United States may release water in satisfaction of its obligations to the United States of Mexico under the Treaty dated February 3, 1944, without regard to the priorities specified in this subdivision (A) ; (B) From releasing water controlled by the United States for irrigation and domestic use in the States of Arizona, California, and Nevada, except as follows: (1) If sufficient mainstream water is available for release, as determined by the Secretary of the Interior, to satisfy 7,- 500,000 acre-feet of annual consumptive use in the aforesaid three States, then of such 7,500,000 acre-feet of consumptive use, there shall be apportioned 2,800,000 acre-feet for use in Arizona, 4,400,000 acre-feet for use in California, and 300,- 000 acre-feet for use in Nevada; (2) If sufficient mainstream water is available for release, as determined by the Secretary of the Interior, to satisfy an- nual consumptive use in the aforesaid States in excess of 7,- 500,000 acre-feet, such excess consumptive use is surplus, and 50% thereof shall be apportioned for use in Arizona and 50% for use in California; provided, however, that if the United States so contracts with Nevada, then 46% of such surplus shall be apportioned for use in Arizona and 4% for use in Nevada |