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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 />002222 <br /> <br />48 <br /> <br />ARIZONA v. CALIFORNIA. <br /> <br />problem before us and cannot be accepted as limiting the <br />broad powers of the United States to regulate navigable <br />waters under the Commerce Clause and to regulate gov- <br />ernment lands under Art. IV, ~ 3, of the Constitution. <br />We have no doubt about the power of the United States <br />under these clauses to reserve water rights for its reserva- <br />tions and its property. <br />Arizona also argues ,that, in any event, water rights <br />cannot be reserved by Executive Order. Some of the <br />reservations of Indian lands here involved were made <br />almost 100 years ago, and all of them were made over <br />45 years ago. . In our v-iew, these -reservations, like those <br />created directly by Congress, were not limited to land, <br />but included waters as well. Congress and the Execu- <br />tive have ever since recognized these as Indian Reserva- <br />tions. Numerous arnropriations, including appropria- <br />tions for irrigation projects, have been made by Congress. <br />They have been uniformly and universally treated as <br />reservations by map makers, surveyors, and the public. <br />We can give but short shrift at this late date to the argu- <br />ment that the reservations either of land or water are <br />invalid because they were originally set apart by the <br />Executive.'02 <br />'\Arizona also challenges the Master's holding as to the <br />Indian Reservations on two other grounds, first, that there <br />is a lack of evidence showing that the United States in <br />establishing the reservations intended to reserve water for <br />them, and, second, that even if water was meant to be <br />reserved the Master has awarded too much water. We <br />reject both of these contentions. Most of the land in <br />these reservations is and always has been arid. If the <br /> <br />102 See United States v, Midwest Oil Co., 236 U. S. 459, 469-475 <br />(1915); Winters v, United States, 207 U. S. 564 (1908). <br />
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