Laserfiche WebLink
<br />00185~ <br /> <br />Of course, a draft report by a Special Master is not a final <br />decision. It will be up to the Supreme Court whether to accept <br />or reject the Master's recommendations or whether to accept <br />them in part and l'eject them in part, Still. precedent is on our <br />side, Historically the Supreme Court has adhered very closely to <br />the recommendations of its Special Masters. <br /> <br />By June BO, 1960, the end of the fi~cal year, whieh is the <br />period covered by this annual report, the various parties had <br />filed their comments on the Ma~t"r's draft report. (t1tah chose <br />to make none. California's comment wa~, to say the least, vigor- <br />ous. The report, it said, "propose~ a deci~ion centered on a pro- <br />ration formula di~a~trous t.o California.") <br /> <br />The schedule for the concluding phases of the litigation, <br />then, shapes up something like this: <br /> <br />After July 1 the Mastel' was expected to act on oLjectiow; <br />in the form of comments on his draft report and then file hi~ <br />final report with the Supreme Court. Those st.eps probably will <br />already have taken place by the time these words are being <br />read. The Court then woult! cali for any exceptions to the report <br />and require briefs and Ol'al arguments, Such arguments may be <br />expected to take place in early 1061. <br /> <br />A final decision by the Court in 1961 is anticipated. <br /> <br />THE DRAFT REPORT <br /> <br />To reproduce herein the entire 387-page draft report would <br />be pointless and unnecessarily costly, Copies are on file with <br />the Stream Commission and are available to interested persons. <br /> <br />But for the benefit of those who are precluded by lack of <br />time from reading the entire repOl't, we think it might be useful <br />to summarize and excerpt some of the Master's preliminary <br />comments. Then we will set forth briefly his basic finding~. <br />Finally, we will reproduce the text of his recommended decree <br />and digest some of the national press comment on the Master's <br />draft report. <br /> <br />In his introductmy statement, .Judge Rifkind de~,cribed the <br />litigation in these words: <br /> <br />"As ultimately submitted, the nction really presents a num- <br />ber of different but related controversies among the parties. <br />First. there is the mainstream controversy. involving as parties <br />Arizona, California and Nevada. Arizona claims the right to use <br />2.8 million acre-feet of 7.5 million acre-feet of water in the Colo- <br />rado River plus half of surplus. This claim is based on what Ari- <br />zona conceives to be a mandatory" division of water made by <br />Congress in the second paragraph of Section 4 (a) of the Boulder <br />Canyon Project Act. Existing projects in A rizolJa consume some- <br />what less than half of this amount of water. Arizona expects to <br />use most of the presently uncommitted water which she claims <br />for a new project, called the Central Arizona Project, to provide <br />~\'ater for irrigation in a larg_e por~ion of central Arizona. <br />