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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 />002211 <br /> <br />ARIZONA v. CALIFORNIA.. <br /> <br />37 <br /> <br />necessary for it to acquire water rights or vested in- <br />terests therein. But the acquisition of water rights <br />must not be confused with the operation 'of federal <br />projects. As the Court said in Nebraska v. Wyo- <br />ming, supra, at 615: 'We do not suggest that where <br />Congress has provided a system of regulation for <br />federal projects, it must give way before an incon- <br />sistent state system.' . .. We read nothing in ~ 8 <br />that compels the United States to deliver water on <br />conditions imposed by the State." Id., at 291-292. <br /> <br />Since ~ 8 of the Reclamation Act did not subject. the <br />Secretary to state law in disposing of water in that case, <br />we cannot, consistently with Ivanhoe, hold that the Secre- <br />tary must be bound by state law in disposing of water <br />under the Project Act. <br />Nor does ~ 18 of the Project Act require the Secretary <br />to contract according to state law. ' That Act was passed <br />in the exercise of congressional power to control navigable <br />water for purposes of flood control, navigation, power <br />generation, and other objects,88 and is equally sustai~ed <br />by the power of Congress to promote the general welfare <br />through projects for reclamation, irrigation, or other <br />internal improvements.89 Section 18 merely preserves <br />such rights as the States "now" have, that is, such rights <br />as they had at the time the Act was passed. While the <br />States were generally free to exercise some jurisdiction <br />over these waters before the Act was passed, this right <br />was subject to the Federal Government's right to regulate <br />and develop the river.'o Where the Government, as here, <br /> <br />88 Arizona v. California, 283 U. S. 423 (1931). <br />89 United States v. Gerlach Live Stock Co" 339 U. S. 725, 738 <br />(1950). <br />90 First Iowa Hydro-Elec. Coop. v. Federal Power Comm'n, 328 <br />U. S. 152, 171 (1946). See United States v. Chandler-Dunbar Water <br />Power Co., 229 U. S. 53, 62-72 (1913); United States v. Willow River <br />Power Co" 324 U. S. 499 (1945). <br />
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