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<br />'I <br /> <br />. <br /> <br />" <br /> <br />.. <br /> <br />.' <br /> <br />. <br /> <br />" <br /> <br />" <br /> <br />.' <br /> <br />.. <br /> <br />OCHOO <br /> <br />(283 u. S. 423) <br /> <br />STATE OF ARIZONA <br /> v. <br />STATE 01' CALIl'ORNIA, et al <br /> No. 19 <br />October Term - No. 19 <br /> <br />Argued March 9, 10, 1931 <br />Deoided lillly 18, 1931 <br /> <br />*448 <br /> <br />*Mr. Justice BRANDEIS delivered the opinion of the Court. <br /> <br />The Boulder Canyon Project Act, December 21, 1928, c. 42, 45 Stat. 1057 <br />(43 USCA Par. 617-6l7t) authorizes the Secretary of the Interior, at the expense <br />of the United States, to oonstruct at Blaok Canyon, on the Colorado river, a <br />dam, a storage reservoir, and a hydro-electrio plant; provides for their control, <br />management, and operation by the United States; and declares that the authority <br />is conferred "subject to the terms of the Colorado River compact, II for the pur- <br />pose of controlling the floods, improving navigation and regulating the flow of <br />the Colorado River, providing for storage and for the delivery of the stored <br />waters thereof for reclamation of public lands and other beneficial uses * <br /> <br />*449 <br />exclusively within the United States, and for the generation of electrical energy <br />as a means of making the project herein authorized a self-supporting and finan- <br />cially solvent undertaking." Section 1 (43 USCA Par. 617). <br /> <br />The Colorado River Compaot is an agreement for the apportionment of the <br />water of the river and its tributaries. After several years of preliminary <br />inforlJlll.l diSCUSSion, ColoradO, Tiyoming, Utah, New Hexioo, Arizona, Nevada, and <br />Cal ifornia - the seven States through which the river system extends _ appointed <br />connnissioners in 1921 to formulate an agreement; and Con@;ress. upon I"equest, <br />gave its assent, and a.uthorized the appointment of a representative to act for <br />the United Sta.tes. Act of August 19, 1921, o. 72, 42 Stat. 171. On November <br />24, 1922, these commissioners and the federal representative signed an agree- <br />lllBnt to become effeotive when ratified by Congress and the Legislatures of all of <br />these States. The Boulder Canyon Projeot Act approved this agreement subjeot <br />to certain limitations and conditions, the approval to become effective upon the <br />ratification of the oompact, as so modified, by the Legislatures of California <br />and at least five of the six other states. The Legislatures of all these states, <br />except Arizona, ratified the modified oompact, and the act was accordingly de- <br />clared to be in effect. Proclamation of June 25, 1929, 46 Stat. 20. <br />On October 13. 1930, Arizona filed this original bill of oomplaint against <br />Ray Lyman Wilbur, Secretary of the Interior, and the states of California, Nevada, <br />utah, Ne;v LIexico, Colorado and r,yoming. It charges that YJilbur is proceeding in <br />violation of the laws of Arizona to invade its quasi sovereign I"ights by build- <br />ing at Blaok Canyon on the Colorado river a dam, half of which is to be in Ariz- <br />ona, and a reservoir to store all the water of the river flOWing above it in <br />Arizona, for the purpose of diverting part of these vraters from Arizona for <br /> <br />-1- <br />