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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 />enforcement of the 1949 compact between Texas and New <br />Mexico dividing the water of the Pecos River between the two <br />States, Article III(a) of the compact provides that "New Mexico <br />shall not deplete by man's activitites the flow of the Pecos River <br />at the New Mexico-Texas state line below an amount which will <br />give to Texas a quantity of water equivalent to that available to <br />Texas under the 1947 condition." The Special Master in this <br />case issued a report finding that for the years 1950-1983, New <br />Mexico should have delivered 340,100 acre-feet more water at <br />the State line than Texas received over those years, and the Mas- <br />ter recommended that New Mexico both perform its ongoing <br />compact obligations and make up the past shortfall by delivering <br />34,010 acre-feet of water for 10 years with a penalty in kind, <br />"water interest," for any bad-faith failure to deliver the addi- <br />tional water. Both sides excepted to the Master's report. The <br />U.S. Supreme Court (1) found no merit in New Mexico's argu- <br />ment that the Court could only require future performance with- <br />out giving a remedy for past breaches, (2) returned the matter <br />of remedying past shortages to the Master to recommend <br />whether New Mexico should be allowed to pay money damages <br />or make up the past shortfalls by delivering more water, (3) <br />ordered New Mexico to comply with the compact in the future, <br />and (4) ordered the Master to recommend an amendment to the <br />decree to specify the duties of the River Master the Supreme <br />Court found should be appointed. <br /> <br />Utah Division of State Lands v. United States, 482 U.S. <br />_, 96 L.Ed.2d 162, 107 S.Ct. _' When the Bureau of <br />Land Management issued oil and gas leases for lands underlying <br />Utah Lake, the State of Utah brought suit seeking a declaratory <br />judgment that it, rather than the United States, had title to the <br />lake bed, claiming that such title passed to the State under the <br />equal footing doctrine upon Utah's admission to the Union. The <br />United States answered that title to the lake bed remained in <br />Federal ownership because in 1889 the lake was sel~cted as a <br />reservoir site pursuant to the Sundry Appropriations Act of 1888 <br />(the 1888 Act). The district court granted summary judgment for <br />the United States, and the Tenth Circuit affirmed. The U. S. <br />Supreme Court reversed, holding that (1) Congress will defeat <br />a future State's entitlement to land under navigable waters only <br />in "exceptional instances" when "the intention was definitely <br />declared or otherwise made plain" (quoting from United States <br />v. Holt State Bank, 270 U.S. 49, 55 (1926)), (2) neither the <br /> <br />30 <br /> <br />~ <br />
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