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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 />002216 <br /> <br />42 <br /> <br />ARIZONA v, CALIFORNIA. <br /> <br />vada only if contracts have been made by the Secretary <br />of the Interior, pursuant to ~ 5 of the Boulder Canyon <br />Project Act, for the delivery of such water." While the <br />California contracts are directly with water users and the <br />Arizona contract specifically contemplates further subcon- <br />tracts with actual users, it is argued that the Nevada con- <br />tract, made by the Secretary directly with the State of <br />Nevada through her Colorado River Commission, should <br />be construed as a contract to deliver water to the State <br />without the necessity of subcontracts by the Secre- <br />tary directly with Nevada water users. The United States <br />disagrees, contending that properly construed the Nevada <br />contract, like the Secretary's general contract with Ari- <br />zona, does not exhaust the Secretary's power to require <br />Nevada water users other than the State to make further <br />contracts. To construe the Nevada contract otherwise, the <br />Government suggests, would bring it in conflict with the <br />provision of ~ 5 of the Project Act that "No person shall <br />have or be entitled to have the use for any purpose of the <br />water stored as aforesaid except by contract [with the Sec- <br />retary] made as herein stated." Acceptance of Nevada's <br />contention here would not only undermine this plain con- <br />gressional requirement that water users have contracts <br />with the Secretary but would likewise transfer from the <br />Secretary to Nevada a large part, if not all, of the Secre- <br />tary's power to determlne'with whom he will contract and <br />on what terms. We have already held that the con- <br />tractual power granted the Secretary cannot be diluted <br />in this manner. We therefore reject Nevada's contention. <br /> <br />III. <br /> <br />ApPORTIONMENT AND CONTRACTS IN TIME <br />OF SHORTAGE. <br /> <br />We have agreed with the Master that the Secretary's <br />contracts with Arizona for 2,800,000 acre-feet of water <br />and with Nevada for 300,000, together with the limitation <br />
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