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WSPC00493
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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 />002191 <br /> <br />ARIZONA v. CALIFORNIA. <br /> <br />17 <br /> <br />"domestic," 36 and ~ 6 requires satisfaction of "present <br />perfected rights" as used in the Compact."' Obviously, <br />therefore, those particular terms, though originally formu- <br />lated only for the Compact's allocation of water between <br />basins, are incorporated into the Act and are made appli- <br />cable to the Project Act's allocation among Lower Basin <br />States. The Act also declares that the Secretary of the <br />Interior and the United States in the construction, opera- <br />tion, and maintenance of the dam and other works and in <br />the making of contracts shall be subject to and con- <br />trolled by the Colorado River Compact.38 These lat- <br />ter references to the Compact are quite different from <br />the Act's adoption of Compact terms. Such references, <br />unlike the explicit adoption of terms, were used only to <br />show that the Act and its provisions were in no way to <br />upset, alter, or affect the Compact's congressionally ap- <br />proved division of water between the basins. They were <br />not intended to make the Compact and its provisions con- <br />trol or affect the Act's allocation among and distribution <br />of water within the States of the Lower Basin. There- <br />fore, we look to the Compact for terms specifically incor- <br />porated in the Act, and we would also look to it to resolve <br />disputes between the Upper and Lower Basins, were any <br />involved in this case. But no such questions are here. <br />We must determine what apportionment and delivery <br />scheme in the Lower Basin,has been effected through the <br />Secretary's contracts. For that determination, we look <br />to the Project Act alone. <br />B. Mainstream Apportionment.-The congressional <br />scheme of apportionment cannot be understood with- <br /> <br />36" 'Domestic' whenever employed in this Act shall include water <br />uses defined as 'domestic' in said Colorado River compact." <br />37 The dam and reservoir shall be used, among other things, for <br />"satisfaction of present perfected rights in pursuance of Article VIII <br />of said Colorado River compact." <br />3. ~~ 1,8 (a), 13 (b) and (c). <br />
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