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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 />there is a natural reludance to develop the land when there is <br />a danger that users may be legally barred from applying water <br />to its irrigation," said the Master. <br /> <br />"Manifestly. then," he concluded, "the various claims to <br />mainstream water urged by the padies to this litigation ought <br />to be decided by the Supreme Court so as to remove this contro- <br />versy as the m:l,ior obstacle to full developmnt of th" Lower <br />Rasin of the Colorado River." <br /> <br />The Master then announced his l'ondu;;ion tl1at the states' <br />claims to mainstream water were governed by the following: <br />The Boulder Canyon Project Act. the California Limitation Act <br />and the several water delivery contracts made with the Secretary <br />of the Interior. He held as "inelevant" the Colorado River Com- <br />pact, the doctrine of equitable apportionment and the law of <br />appropriation. <br /> <br />On the subject of the Compact, he had this to say: <br /> <br />"Extensive argument was had on the origin, purposes and <br />meaning Ilf the Colorado River Compact. Some of the parties <br />labored under the conviction that prolonged and faithful <br />exegesis of the text of this historic in~trument would somehow <br />yield a solution to the problems of this litigation, The sentiment <br />which promoted this line of thinking seemed to rise from a pro- <br />foaml faith that the Compact, venerated for its great contri. <br />bution to the growt!] of the Southwest. would in some unexpected <br />manner come to the aid of the disputing states, Reflection has <br />not confirmed these hopes. The Compact does not an5wer any <br />of the vital Questions which must be answered in the disposition <br />of this suit, The Compact contributes some light on the supply <br />of mainstream water, insofar as it regulates the extent to which <br />the River may be depleted by the Uppel' Basin. Beyond that the <br />Compact has no utility in the ad,judication of this case." <br /> <br />The Compaet, said the Mastel', represented an accommoda- <br />tion of the conflicting interests of Upper and Lower Basin for <br />the mutual benefit of both, In contention between them was the <br />division of water, "It was foreseen," explained the Master, "that, <br />once the river was regulated, the Lower Basin would develop <br />more rapidlY than the Upper Basin. The problem of the Compact <br />commissioners. therefore, was to safeguard the Upper Basin <br />against this rapid development with its threat of vesting in the <br />Lower Basin appropriative rights enforcible against the Uppel' <br />Basin, and at the same time to allow sufficient water to the <br />Lower Basin to ensure development there," <br /> <br />And so, summarized the Master, the provisions of the Com- <br />pact were addressed solely to "the relations of basin to basin <br />and not of state to state." <br /> <br />"Any interpretation of the Compact must be confined uy <br />this limiting factor," he continued. "And from this it also follows <br />that the Compact. offers no solution to thb controversy among <br />states with respect to their Lower BHsin interests." <br />
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