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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 />002209 <br /> <br />ARIZONA v. CALIFORNIA. <br /> <br />35 <br /> <br />River Compact, ~ 8 (a), and therefore can do nothing to <br />upset or encroach upon the Compact's allocation of Colo- <br />rado River water between the Upper and Lower Basins. <br />In the construction, operation, and management of the <br />works, the Secretary is subject to the provisions of the <br />reclamation law, except as the Act otherwise provides. <br />~ 14. One of the most significanct limitations in the Act <br />is that the Secretary is required to satisfy present per- <br />fected rights, a matter of intense importance to those who <br />had reduced their water rights to actual beneficial use at <br />the time the Act became effective. ~ 6. And, of course, <br />all of the powers granted by the Act are exercised by the <br />Secretary and his well-established executive department, <br />responsible to Congress and the President and subject to <br />judicial review.86 <br />Notwithstanding the Government's construction, own- <br />ership, operation, and mainten~nce of the vast Colorado <br />River works that conserve and store the river's waters and <br />the broad power given by Congress to the Secretary of <br />the Interior to make contracts for the distribution of the <br />water, it is argued that Congress in ~~ 14 and 18 of the <br />Act took away practically all the Secretary's power by <br />permitting the States to determine with whom and on <br />what terms the Secretary would make water contracts. <br />Section 18 states: <br /> <br />"Nothing herein shall be construed as interfering <br />with such rights as the States now have either to the <br />waters within their borders or to adopt such policies <br />and enact such laws as they may deem necessary with <br />respect to the appropriation, control, and use of <br />waters within their borders . . . ." <br /> <br />Section 14 provides that the reclamation law, to which <br />the Act is made a supplement, shall govern the manage- <br /> <br />86 See, e. g., Ickes v. Pox, 300 U, S, 82 (1937); cf, Best v. Humboldt <br />Placer Mining Co" 371 U, S. 334 (1963); Boesch v. Udall, No, 332 <br />(May 27, 1963). <br />
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