OCR Text |
Show COLORADO RIVER LITIGATION 613 the Secretary of the Interior a list of the present perfected rights, with their claimed priority dates, in waters of the mainstream within each State, respectively, m terms of consumptive use, except those relating to federal establishments. Any named party to this proceed- ing may present its claim of present perfected rights or its opposition to the claims of others. The Secretary of the Interior shall supply similar information, within a similar period of time, with respect to the claims of the United States to present perfected rights within each State. If the parties and the Secretary of the Interior are unable at that time to agree on the present perfected rights to the use of main- stream water in each State, and their priority dates, any party may apply to the Court for the determination of such rights by the Court. VII. The State of New Mexico shall, within four years from the date of this decree, prepare and maintain, or provide for the prepara- tion and maintenance of, and shall anually thereafter make available for inspection at all reasonable times and at a reasonable place or places, complete, detailed and accurate records of: (A) The acreages of all lands in New Mexico irrigated each year from the Gila River, the San Francisco Eiver, San Simon Creek, and their tributaries and all of their underground water sources, stated by legal description and component acreages and separately as to each of the areas designated in Article IV of this decree and as to each of the three streams; (B) Annual diversions and consumptive uses of water in New Mexico, from the Gila River, the San Francisco River, San Simon Creek, and their tributaries and all their underground water sources, stated separately as to each of the three streams. VIII. This decree shall not affect : (A) The relative rights inter sese of water users within any one of the States, except as otherwise specifically provided herein; (B) The rights or priorities to water in any of the Lower Basin tributaries of the Colorado River in the States of Arizona, California, Nevada, New Mexico and Utah except the Gila River System; (C) The rights or priorities, except as specific provision is made herein, of any Indian Reservation, National Forest, Park, Recreation Area, Monument or Memorial, or other lands of the United States; (D) Any issue of interpretation of the Colorado River Compact. IX. Any of the parties may apply at the foot of this decree for its amendment or for further relief. The Court retains jurisdiction of this suit for the purpose of any order, direction, or modification of the decree, or any supplementary decree, that may at any time be deemed proper in relation to the subject matter in controversy. Mr. Justice Douglas dissents. Mr. Justice Harlan and Mr. Justice Stewart dissent to the ex- tent that the decree conflicts with the views expressed in the dissent- ing opinion of Mr. Justice Harlan, 373 U.S. 546, 603 [pp. 583ff, ante]. |