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Last modified
1/26/2010 10:50:06 AM
Creation date
10/9/2006 2:13:07 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8230.100.10
Description
Colorado River - Interstate Litigation - Arizona Vs California
State
AZ
Basin
Colorado Mainstem
Water Division
5
Date
6/3/1963
Title
AZ Vs CA - Determination of Rights of States of the Lower Colorado River Basin to Waters of the Main Stream of the Colorado River - Opinion of the Supreme Court of the US - RE AZ Vs CA
Water Supply Pro - Doc Type
Report/Study
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<br />002189 <br /> <br />ARIZONA v. CALIFORNIA. <br /> <br />15 <br /> <br />here are adjudicated, the conflicting claims of the parties <br />will continue, as they do now, to raise serious doubts as <br />to the extent of each State's right to appropriate water <br />from the Colorado River System for existing or new <br />uses. In this situation we should and ,do exercise our <br />jurisdiction. <br /> <br />I. <br /> <br />ALLOCATION OF WATER AMONG THE STATES AND <br />DISTRIBUTION TO USERS. <br /> <br />We have concluded, for reasons to be stated, that Con- <br />gress in passing the Project Act intended to and did <br />create its own comprehensive scheme for the apportion- <br />ment among California, Arizona, and Nevada of the main- <br />stream waters of the Colorado River, leaving each State <br />its tributaries. Congress decided that a fair division of <br />the first 7,500,000 acre-feet of mainstream water would <br />give 4,400,000 acre-feet to California, 2,800,000 to Arizona, <br />and 300,000 to Nevada; Arizona and California would <br />each get one-half of any surplus. Prior approval was <br />therefore given in the Act for a tri-state compact to incor- <br />porate these terms. The States, subject to subsequent <br />congressional approval, were also permitted to agree on a <br />compact with different terms. Division of the water did <br />not, however, depend on the States' agreeing to a compact, <br />for Congress gave the Secretary of the Interior adequate <br />authority to accomplish the division. Congress did this <br />by giving the Secretary power to make contracts for the <br />delivery of water and by providing that no person could <br />have water without a contract. <br />A. Relevancy of Judicial Apportionrnent and Colorado <br />River Compact.-We agree with the Master that appor- <br />tionment of the Lower Basin waters of the Colorado River <br />is not controlled by the doctrine of equitable apportion- <br />ment or by the Colorado River Compact. It is true that <br /> <br />99500 0-63-2 <br />
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