Adjusting Water Rights Between States

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There is now pending in the United States Circuit Court of Appeals, for the Ninth Circuit,. a case entitled R. VT. Brooks,, et al., vs. United States of America and C,. A. Firth, This suit is upon appeal from the District Court of the United States for the district of Arizona. The appellants in this litigation are the owners of lands and water rights acquired under the laws of New aillexico and were found guilty of contempt of Court for violation of a consent decree,, involving also water users within the State of Arizona. Under this consent decree the priorities of the parties to the suit consenting to the decree were determined by the Federal District Court in Arizona and the defendants, including the appellants,, were enjoined from diverting water from the river except as provided in the decreed The decree also provided that a water commissioner should be appointed to carry out and enforce its provisions with power to out off water from a ditch used by a person disobeying the order of court.. Counsel for the water users in New Mexico have taken the position that the lower Court erred in overruling the appellantst' motion to'vacate the decree insofar as it affects water rights in New Mexico because such decree and order operates directly upon the Gila River and canals in New Mexico, Other assignments of error are made but the broad principle which we note here is that New Mexico is called upon to defend the right of the State of control the distribution among its own water users, subject only to a determination of equitable apportionment between the states of New Mexico and Arizona in an appropriation proceeding in Court or by compact,. As T have heretofore stated, this question of adjusting interstate water rights has become seriously involved because of claims made by the federal government in an effort to supereede,.in many instances,.the rights of the states to control the use and distribution of water for all