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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 />002"2tJ3 <br /> <br />ARIZONA v. CALIFORNIA. <br /> <br />29 <br /> <br />The Senator went on to explain why the Senate had found <br />it necessary to set up its own plan for allocating the water: <br />"Why do we not leave it to California to say how <br />much water she shall take out of the river or leave <br />it to Arizona to say how much water she shall take <br />out of the river? It is because it happens to become <br />a duty of the United States Senate to settle this <br />matter, and that is the reason." 78 <br /> <br />Not only do the closing days of the debate show that <br />Congress intended an apportionment among the States <br />but also provisions of the Act create machinery plainly <br />adequate to accomplish this purpose, whatever contingen- <br />cies might occur. As one alternative of the congressional <br />scheme, S 4 (a) of the Act invited Arizona, California, <br />and Nevada to adopt a compact dividing the waters along <br />the identical lines that had formed the basis for the con- <br />gressional discussions of the Act: 4,400,000 acre-feet to <br />California, 300,000 to Nevada, and 2,800.000 to Arizona. <br />Section 8 (b) gave the States power to agree upon some <br />other division, which would have to be approved by Con- <br />gress. Congress made sure, however, that if the States did <br />not agree on any compact the objects of the Act would be <br />carried out, for the Secretary would then proceed, by <br />making contracts, to apportion water among the States <br />and to allocate the water among users within each State. <br />In the first section of the Act, the Secretary was au- <br />thorized to "construct, operate, and maintain a dam and <br />incidental works . . . adequate to create a storage reser- <br />voir of a capacity of not less than twenty million acre- <br />feet of water . . ." for the stated purpose of "controlling <br />the floods, improving navigation and regulating the flow <br /> <br />. 7S Id., at 471. The Senator added, "We have already decided as <br />to the division of the water, and we say that if the States wish they <br />can enter into a subsidiary agreement confirming that," Ibid. <br />
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