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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 />00" 8'-r. <br />1. J L' <br /> <br />adj udication by the Supreme COlll't as to the rights of the several <br />parties to the water in the mainstream of the Colorado River. <br />Congress ha~ indicated it will not authorize construction of the <br />Project until right~ to mainstream water are adjudicated; nor <br />can it he financed privately until ~uch right~ are fully estab- <br />li~hed. In short, Arizona'", utilization of the mainstream water <br />which ~he argues has been apportioned to her in the Boulder <br />Canyon Project Act i~ being frustrated by the conflicting claims <br />of the other parties to this suit, This is reason enough for the <br />Supreme Court to exercise its original jurisdiction, If the Supreme <br />Court does not exercise its jurisdiction in this case, Arizona will <br />be faced with a dilemma: Congress will not authorize the Cen- <br />tral Arizona Project until Arizona's right to mainstream water <br />is determined, and the Supreme Court will not determine Ari- <br />zona's right to the water until Congress authorizes the Project." <br /> <br />The Master carried the argument one step further: <br /> <br />"Without the Central Arizona or a similar project," he <br />said, "Arizona will not be able to fully utilize the water which <br />she claim~ has been set aside fOl' her in the mainstream. Indeed, <br />the evidence indicates that California is already using some of <br />the water claimed by Arizona. By increasing the water uses of <br />existing facilities, California will be able to increase substan- <br />tially her uses of this claimed water in the future. On the other <br />hand, Arizona cannot use the water she claims without the <br />construction of new facilities and she cannot develop new facil- <br />ities unless hel' rights in the water are first established. Thus, <br />refusal of th,,- Supr"-me Court to adj udicate Arizona's rights in <br />the mainstream water will, as a practical matter, have the effect <br />of a decision in favor of California since Arizona will not be <br />able to utilize the disputed water and California wil I. If Ari- <br />zona's interpretation of the Boulder Canyon Project Act. which <br />the United States substantially agrees with, is correct. Cali- <br />fornia has r/" fad!) taken part of the water which was forever <br />apportioned to Arizona, and Arizona can remed~. the oituation <br />only by suit in the Supreme Court." <br /> <br />In the past 30 years, said the Master, there has been a <br />"veritable population explosion" in the Low,,-r Basin. With it <br />has COllle a comparable development in industry and agriculture. <br />Hence there has been a rapid expansion of water uses. <br /> <br />"But," he said, "the point has now been reached \shere in- <br />creased use of water from the Colorildo River is being frustrated <br />by a bitter dispute as to the legal availability of such water for <br />use in the several states. That dispute is now before the Court. <br />There appears to be sufficient mainstr,,-am water availahle to <br />satisfy the scale of present uses and enough to satisfy some de- <br />gree of expansion. But, because of the rapid development in <br />the Basin, the present need for water, as contrasted with present <br />actual use, far outstrips the supply. Despite the need, it is im- <br />possible to develop further uses of the water becanse of the <br />cloud on its legal availability," <br />
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