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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 />002225 <br /> <br />ARIZONA v. CALIFORNIA. <br /> <br />51 <br /> <br />that enough water was reserved to irrigate all the prac- <br />ticably irrigable acreage on the reservations. Arizona, <br />on the other hand, contends that the quantity of water <br />reserved should be measured by the Indians' "reasonably <br />foreseeable needs," which, in fact, means by the number <br />of Indians. How many Indians there will be and what <br />their fut,ure uses will be can only be guessed. We have <br />concluded, as did the Master, that the only feasible and <br />fair way by which reserved water for the reservations <br />can be measured is irrigable acreage. The various acreages <br />of irrigable land which the Master found to be on the <br />different reservations we find to be reasonable. <br />We disagree with the Master's decision to determine <br />the disputed boundaries of the Colorado River Indian <br />Reservation and the Fort Mohave Indian Reservation. <br />We hold that it is unnecessary to resolve those disputes <br />here. Should a dispute over title arise because of some <br />future refusal by the Secretary to deliver water to either <br />area, the dispute can be settled at that time. <br />The Master ruled that the principle underlying the <br />reservation of water rights for Indian Reservations was <br />equally applicable to other federal establishments such <br />as National Recreation Areas and National Forests. We <br />agree with the conclusions of the Master that the United <br />States intended to reserve water sufficient for the future <br />requirements of the Lake Mead National Recreation Area, <br />the Havasu Lake National Wildlife Refuge, the Imperial <br />National Wildlife Refuge, and the Gila National Forest. <br />We reject the claim of the United States that it is <br />entitled to the use, without charge against its consump- <br />tion, of any waters that would have been wasted but for <br />salvage by the Government on its wildlife preserves. <br />Whatever the intrisic merits of this claim, it is incon- <br />sistent with the Act's command that consumptive use <br />shall be measured by diversions less returns to the river. <br />
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