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<br />Pacific lAw )0"",1111 Vol. J9
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<br />1988 1 California Colorado Rtwr Issues
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<br />throush Mexico. No construction on the dlU11 was to commence until
<br />the Secretary oC the Interior had entered into contrad, for the talc
<br />of hydro-clectric power lumcient to assure the repayment oC the cost
<br />of the dam.'1 The Act contained three items of .ignificance Cor
<br />purposes of this article.
<br />First. as later interpreted by the United Slates Supreme Coun in
<br />Ari:oPl" Y. CGliforPl;G," the Act apponioned the right to use the
<br />7,'00,000 acre.fccr per ).ear apportioned by the Colorado River
<br />Compact, when available, Imons Ihe lower Basin Stales as follows;
<br />To Arizona, 2,800,000 AF/Yr. plus one half of Iny surplus (to be
<br />reduced by .. percent if Nevadl entered inlo I surplus water contract
<br />with the Secretary).
<br />To California. 4.400.000 A.f/Y,. plus one ha1f of any H1TJlIUI.
<br />To Nevada, 300.000 AF/Yr. plus" percent DC any surplus Ir Ihlt
<br />Slate entered into a contract for that purpose.-
<br />
<br />One can look in vain for that result in the wording and find only
<br />an authorization for those stales to cnler into a compact which would
<br />have that result,.' The Coun, however, reasoned that the waler
<br />delivery contracts entered inlo by Ihe Secretary under the authority
<br />of the Act constituted the apportionment.
<br />Secondly, the Act would only. go into effect if the Colorado River
<br />Compact were approved by all seven basin slates. Allernatively,
<br />lacking approval by seven states, the Compact would become effective
<br />with the approval by six states, includins California, and then only
<br />if the California Legislature passed an act by which California.
<br />.haJl alree irrevocably and uncondilionally with lhe Uniled Stain
<br />IInd for Ihe benefit of the Slales of Arizona, Colorado, Nevada,
<br />New Mexico, Ulah and Wyomin" as an upreu covenant and in
<br />eonsidf'ralion of Ihe paullge of Ihe Act, Ihat the aUrq:ale annual
<br />consumplive use (diversions Ie,. reluml 10 the riVet) of waler of
<br />and from the Colorado Rinr for usc in the Slale of California,
<br />Including all uses under contracts made under the provisions of (his
<br />Act and all waler nCCCSJ;ary for the supply of any righls which may
<br />now exist. shall nol exceed four million four hundred Ihousaind
<br />(4,400,000) acre-fm of Ihe walen apporlioned to the lown basin
<br />States by paraltaph (a) oC Article III of the Colorado River Com-
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<br />pact, plus not more than one-half of any uceu or .urplWl walen
<br />unapportioncd by said Compact. . . . Q
<br />
<br />At the time of (he enactment or the Boulder Canyon Project Act, it
<br />was felt thai Arizona might not approve the Compact, which, indeed,
<br />it did not do unCil 1944. The requirement imposed on California as
<br />a prerequisite for effcctivenes5 of Ihe Act would assure Arizona of
<br />its share of river water in the future. M discussed below, California
<br />did pass (he required limitation act, and California and the remainins
<br />rive ba~in sales approved (he Compact.
<br />Thirdly, the: Act provided that "no person shall have or be entitled
<br />to have: the LIse for any purpose of the Wiler stored . , . {behind
<br />Hoover Dam] e"cept by conlract . . :' as authorized by the Act..J
<br />
<br />2. Tht California Limitation Act
<br />
<br />The California Legis1ature in 1929 adopted. 8 Colorado River
<br />Limitation Act in response to and in Ihe hlD,uage of Ihe requirement
<br />of the Boulder Canyon Act.... The Act required (he State of California
<br />to irrevocably and unconditionally agree with the United Srates and
<br />for the benefic of the other Basin states Co comply with the Iimitalion
<br />of the use of" _:400,000 AF/Yr plus one hair of any surplus or the
<br />lower Basin apportionment of Colorado River water. In any proposal
<br />to transfer the use of Colorado River water from one sCale to
<br />California. as will be discussed below, the California Limitation Act
<br />appears 10 present an obstacle and perhaps a cause of action for a
<br />nontonsenling slate,
<br />
<br />J. The &\'en Party Agrnmenllmd WQltr Deliwry Contracts
<br />
<br />On June 25, 1929, Presidenr Hoover declared by Public Prada.
<br />. mation chat all the prerequiSites of the Bou1der Canyon Project Act
<br />had been met and that the Act was eCfective that day.<IJ The Secretary
<br />
<br />).. 4S Stll. 10'''1. 11>>9 1192!} (codilled II A) U.s.c. t 611cfb) 11.%)).
<br />19. l7J u.s. ,.., (I96l1.
<br />40. Ari,OIW. l7J u.s. II ,64-6, n.JJ.
<br />41. ., Slal. IOS7. IOSI.59 (1911) (codified .1 01} U.S.c. It 61"1c (1":1)).
<br />
<br />.1:. 'd. II 10&" (codined .1 oil U.S.C. , 617e (1":1)1 (.~ by eon,r- of lbe
<br />Com~t1). .
<br />oil. rd..., UWio41ltodird .., '1 u.s.c. , 6nd (1911)). It Voo\lId. be ~cd It\M. KCl\on
<br />6 of 111e ACI lei forth lhe pufll'ORl or Ihe dun. indudin. "UlidKtioa 0( plant pcrfeaccl
<br />rilhll in purlu.nce of Artide VIII of ...id Color.&! RiYcJ CocaPKI."
<br />..... 1929 C.I. 5'.1. ell. 16, ICe. 1.1 )1.9.
<br />.,. Prod..n.uion No. 1112. June 2'. 1929, 016 SUI. .... (1m).
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<br />1400
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<br />1401
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