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Last modified
8/11/2009 11:32:55 AM
Creation date
8/10/2009 3:20:25 PM
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UCREFRP
UCREFRP Catalog Number
7314
Author
Upper Colorado River Commission.
Title
Thirty-Ninth Annual Report of the Upper Colorado River Commission
USFW Year
1987.
USFW - Doc Type
Colorado River Storage Project and Participating Projects.
Copyright Material
NO
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<br />(II) For a 12-year period, 1953-1964, the average annual <br />virgin now amounts to only I 1.6 million acre-feet. <br /> <br />(12) Since Glen Canyon Dam was closed in 1963, the esti- <br />mated virgin now for the subsequent 25 years is 15.2 million <br />acre-feet. The estimated historical now for the same period <br />(1963-1987) is 10, I million acre-feet. <br /> <br />B.LEGAL <br /> <br />1. Water Newsletter <br /> <br />The legal staff continues to inform the Commissioners, their <br />advisers, and other interested parties about developments in the <br />courts, Congress, and certain Federal agencies through the Water <br />Newsletter. Current information can be found in the newsletter. <br />In addition, the legal staff has prepared legal memoranda on <br />matters needing more detailed treatment. <br /> <br />2. Court Cases <br /> <br />During the year, action has been taken in a number of <br />cases of importance to the Upper Colorado River Basin States. <br />These cases include: <br /> <br />International Paper Company v. Ouellette, 479 U.S. _, <br />93 L.Ed.2d 883, 107 S.Ct. _, 25 ERC 1457. Petitioner <br />Paper Company operates a paper mill on the New York side of <br />Lake Champlain and, in the course of its business, discharged <br />eft1uents into the lake through a diffusion pipe that ended shortly <br />before the New Y ork- Vermont border that divides the lake. <br />Respondents, property owners on the Vermont shore, filed a <br />class action against petitioner in Vermont State court under the <br />Vermont common law of nuisance. The U.S. Supreme Court <br />held that both the district court and the court of appeals erred <br />in concluding that Vermont law governs this litigation, since the <br />application of affected-State laws would be incompatible with <br />the Federal Water Pollution Control Act's delegation of authority <br />and its comprehensive regulation of water pollution, and the Act <br />preempts State law to the extent that the State law is applied to <br />an out-of-State point source, <br /> <br />State of Texas v. State of New Mexico, 482 U.S. _, 96 <br />L.Ed.2d 105, 107 S.Ct. _' This case, before the U. S. <br />Supreme Court for the fourth time, involves the construction and <br /> <br />29 <br />
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