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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 />001852 <br /> <br />"Superimposed on all these interstate controversies," the <br />Master observed, "are the claims of the United States as against <br />all of the states. The United States elaims power to regulate and <br />control the uses of Colorado River water by reason of its owner- <br />~hip and control of Hoover Darn [lnd the mainstream works <br />below, and pursuant to the Project Act. The United States also <br />claims that it has reserved the use of water, entirely apart from <br />state law, for the benefit of some 25 Indian Reservations and <br />dozens of other federal establishments located throughout the <br />] 32,000 square miles of the Lower Basin." ' <br /> <br />And so, concluded Judge Rifkind, the case was vastly dif- <br />ferent from "the traditional equitable apportionment suit in <br />which the Court is called upon to apportion water in a single <br />river among two or three states," Nor could it be compared to <br />"other interstate litigations in the original .i urisdictian that <br />presents far decision a single, relatively narrow issue, such as <br />the proper location of a boundary." <br /> <br />"On the contrary," said the Mastel', "this action is a complex <br />of interstate lawsuits, the resolution of which depends upon <br />the interpretation and application of the Federal ConstitutiolJ, <br />treaties, statutes. contracts and decisional Jaw, [tS well as a <br />variety of state law, Its determination will inevitably have a pro- <br />found effect upon a great and ntpidly developing territory, <br />considerably larger in area and population than many nations, <br />and political subdivisions therein as diverse and distant as Phoe- <br />nix and Los Angeles or Las Vegas and the Imperial Valley." <br /> <br />The Mastel' thpn reviewed the previous litigation in the <br />interstate controversy and described the geography of the Lower <br />Basin. After that, he discussed the history of the river, in the <br />course of which he commented pointedly on the importance of <br />the Colorado to the millions of people living within its watershed. <br /> <br />"It is perfectly clear," he said, "that the viability of numer- <br />ous communities in the Lower Basin is conditioned on and limited <br />by the availability of Colorado River S).'stem waters, It is thus <br />manifest that in the Lower Basin the water of the Colorado <br />River System is 'more than an amenity'; it is more than a 'treas- <br />ure.' It is indispensable to life; no substitute for it has yet been <br />invented or envisaged. Even under ordinary eircumstfl,nees it is <br />natural that grave conflicts should develop over the rationing <br />of such a preciolls supply, But the circumstances of the past <br />quarter centlll'Y have not been ordinary, They were such as to <br />intensify the competition for water by every class of demand. <br />The Suuthwest has witnessed an explosive growth of popula- <br />tion and indup,try, accompanied by a sharJl rise in ever).' index <br />of prosperity. It is universally recognized that this rapid develop- <br />ment is pressing hard against the ceilings imposed by the avail- <br />ability of water from the Colorado River System." <br /> <br />Another erucial faetol' was eited by the Master to explain <br />the intense eompetition for Colorado River waters: Sinee 1930 <br />a drought has prevailed throughout the watershed. "Whether <br />this drought eycle has eome to an end has been a subject of <br />some debate" said Judg-e Rifkinc!. "It is notewol"thy that since <br />
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