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WSP11122
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Last modified
1/26/2010 3:16:12 PM
Creation date
10/12/2006 4:44:08 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8271.300
Description
Colorado River Basin Salinity Control Program - General Information and Publications-Reports
Basin
Colorado Mainstem
Water Division
5
Date
1/1/3000
Title
OPINION - Colorado River Salinity Problem - Submitted to His Excellency - Honorable Antonio Carillo Flores - Ambassador of Mexico
Water Supply Pro - Doc Type
Report/Study
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<br />iv <br /> <br />o <br />w <br />~,. <br />w <br /> <br />difference over the Wellton-Mohawk groundwaters is <br />susceptible of judicial decision and that arbitration may <br />be sought under Article 1 of the Inter-American Arbi- <br />tration Treaty of 1929. Adjudication in the International <br />Court of Justice also appears to be available. We are <br />of the view that domestic courts of the United States <br />wouid not have jurisdiction in a dispute between sov- <br />ereigns such as this. <br /> <br />. <br /> <br />A summary of the opinion with reference to injured <br />landowners in the Mexicali Valley is now to be stated. <br /> <br />1. We think the 1944 treaty does not grant rights <br />enforceable by individuals. <br /> <br />We think a domestic court of the United States would <br />probably hold that the treaty does not grant rights. to <br />individuals in this instance which are enforceable in the <br />courts. <br /> <br />2. We think it is possible that an action could be <br />successfully brought in a court sitting in Arizona <br />seeking damages and/or injunctive relief against <br />the Wellton-Mohawk Irrigation and Drainage <br />District. <br /> <br />. <br /> <br />A right may exist in Arizona to recover damages and! or <br />injunctive relief against the Wellton-Mohawk Irrigation <br />and Drainage District. Assuming Arizona law to be <br />the proper law, we have found no decision of a court <br />sitting in Arizona which considers the extent of the right <br />to drain into a natural watercourse. Decisions from other <br />western states, however, indicate that natural water- <br />courses may be used as a drain for artificially originated <br />waters only so long as such use is noninjurious. <br /> <br />Concerning such an action, two caveats must be stated. <br />First, to obtain injunctive relief against the district, it <br />would be essentiai to show that the district rather than <br />the United States through the Bureau of Reclamation is <br />presently responsible for the drainage of groundwaters, <br />Le., that operation and control of the drainage facilities <br />reside with the district. We are advised by the Solicitor <br /> <br />L <br /> <br />r <br /> <br />,'"'<)'-', <br /> <br />
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