Laserfiche WebLink
<br />002217 <br /> <br />ARIZONA v. CALIFORNIA. <br /> <br />43 <br /> <br />of California to 4,400,000 acre-feet, effect a valid appor- <br />tionment of the first 7,500,000 acre-feet of mainstream <br />water in the Lower Basin. There remains the question <br />of what shall be done in time of shortage. The Master, <br />while declining to make any findings as to what future <br />supply might be expected, nevertheless decided that the <br />Project Act and the Secretary's contracts require the <br />Secretary in case of shortage to divide the burden <br />among the three States in this proportion: California <br />4.4 A' 2.8 N d .3 Wh'l h' f <br />7.5; rIzona 7.5; I eva a 7.5' 1 e pro rata s armg 0 <br />water shortages seems equitable on its face,96 more con- <br />sidered judgment may demonstrate quite the contrary. <br />Certainly we should not bind the Secretary to this formula. <br />We have held that the Secretary is vested with consider- <br />able control over the apportionment of Colorado River <br />waters. And neither the Project Act nor the water con- <br />tracts require the use of any particular formula for appor- <br />tioning shortages. While the Secretary must follow the <br />standards set out in the Act, he nevertheless is free to <br />choose among the recognized methods of apportionment <br />or to devise reasonable methods of his own. This choice, <br />as we see it, is primarily his, not the Master's or even ours. <br />And the Secretary mayor may not conclude that a pro <br />rata division is the best solution. <br />It must be remembered that the Secretary's decision <br />may have an effect not only on irrigation uses but also <br />on other important functions for which Congress brought <br />this great project into being-flood control, improvement <br />of navigation, regulation of flow, and generation and dis- <br />tribution of electric power. Requiring the Secretary to <br />prorate shortages would strip him of the very power of <br /> <br />96 Proration of shortage is the method agreed upon by the United <br />States and Mexico to adjust Mexico's share of Colorado River <br />water should there be insufficient water to supply each country's <br />apportionment. <br />