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Last modified
1/26/2010 3:17:11 PM
Creation date
10/12/2006 4:56:04 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8042.A
Description
Section D General Studies - Other States
State
AZ
Basin
Statewide
Date
11/17/1960
Author
AZ Interstate Stream
Title
Thirteenth Annual Report of the Arizona Interstate Stream Commission - July 1 1959 to June 30 1960
Water Supply Pro - Doc Type
Annual Report
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<br />OO:t85') <br /> <br />"California, on the other hand, claims that existing main- <br />stream projects exhaust the safe annual yield (i,c., the depend- <br />able supply) of water in the Colorado River and that, accord- <br />ingly, there is no supply available for new projects in Arizona. <br /> <br />"California argues that, under the Project Ad, Arizona <br />is apportioned 2.8 of 7.5 million acre-feet plus half of surplus, <br />not from the mainstream of the Colorado River alone, but from <br />all waters in the Lower Basin, Under such a System apportion- <br />ment, Arizona's share of the total Lower Basin apportionment <br />would be in large part exhausted by her uses on the Gila River <br />System, and Califol'llia would be free to use most of the water <br />available in the mainstream." <br /> <br />From these conflicting views. the Master continued, arose <br />what was perhaps the most crucial issue in the case. It was this: <br />Is the application of the Project Act limited to the mainstream <br />of the Colorado River or does it apply to the entire river system <br />in the Lower Basin, that is, to both mainstream and tributaries? <br /> <br />But there were other important que"tions at issue between <br />Arizona and California, said the Master. One was "the inter- <br />pretation, operative effect and validity of several sedion~ of th<: <br />Colorado River Compact, the Boulder Canyon Project Act and <br />the water deliven' contract between the United States and <br />Arizona." Another issue was "the effectiveness of Arizona's <br />purported ratification of the Compact and the applicability of <br />principles such as priority of appropriation and equitable ap- <br />portionment," <br /> <br />Nevada, said Judge Rifkind, tfJok a third approach: "She <br />does not regard the Project Act or the water delivery tontraeh <br />as controlling rights to water, Rather, she views the action as a <br />traditional suit for equitable apportionment. in which she claims <br />the right to approximately 500,000 acre-feet of water. based <br />on needs projected to the year 2,000." <br /> <br />The Master went on: <br /> <br />"A second major controversy in\'olves the rights to tributary <br />water among the states in which diversion... from the tributarie... <br />occur. The important tributaries involved in this contro\'ersy are: <br /> <br />"(1) The Gila River System, over which New Mexico <br />and Arizona are in conflict; <br />"(2) The Little Colorado River System, contested by <br />the same tWfJ stat.es: and <br />"(3) The Virgin River System, the waters of which <br />are claimed by Utah, Ari%OlW and Nevad~L <br /> <br />"As to all three stream systems, the upstream states pray <br />for 'confirmation' of existing use... and an apportionment of water <br />to be reserved for future uses." <br /> <br />Another major controversy. said the Master. was between <br />mainstream and tributary stat.es over water in the tributarie'3. <br />This stemmed from the fact that uses on the It'ihutaries reduce <br />the mainstream wpply, <br />
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