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Last modified
1/26/2010 11:35:01 AM
Creation date
10/9/2006 3:55:27 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
12/1/1964
Title
AZ Vs CA - Arizona V California and Pacific Southwest Water Problems - California Assembly Interim Committee Reports - 1963-1965 - Volume 26-Number 13
Water Supply Pro - Doc Type
Report/Study
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<br />OuZU15 <br /> <br />18 <br /> <br />ASSEMBLY INTERn"I COMMITTEE ON WATER <br /> <br />4. Granting Arizona "the exclusive beneficial consumptive use of <br />the Gila River and its tributaries within the boundaries of said <br />state. " <br />5. Apportioning to California 4,400,000 acre-feet annually" Provid- <br />ing also that California may annually use one-half of the excess <br />or surplus waters unappropriated by the compact. <br />6. Subjecting the agreement to all provisions of the compact and <br />.conditioning the tristate agreement on ratification Qf the compact <br />:.....~, j }...'n 011 -j.-J,;...."'..... ",fo+aco I- <br />1..1,] u.-'..l. ...................... ~""'...'-'''-'. <br /> <br />The tristate apportionment agreement authorized by the Project Act <br />was never entered into by the states involved. <br />On June 25, 1929 President Hoover declared the Boulder Canyon <br />Project Act to be effective. It was almost 15 years later, however, <br />before Arizona finally approved and ratified the Colorado River <br />Compact. <br />The Project Act authorized the Secretary of the Interior "under <br />such general regulations as he may prescribe, to contract for the stor- <br />age of water in said reservoir (Lake Mead) and for the delivery there <br />of at such points on the river . . . as may be agreed upon, for irri- <br />gation and domestic uses. . ." The act added, "No person shall have <br />or be entitled to have the use for any purpose of the water stored as <br />aforesaid except by contract made as herein stated." <br /> <br />THE MEXICAN TREATY <br /> <br />The compact provided as follows with regard to a Mexican Treaty: <br /> <br />Article 3(c) if, as a matter of international comity, the United <br />States of America shall hereafter recognize in the United States <br />of Mexico any right to the use of any waters of the Colorado River <br />system such waters shall be supplied first from the waters which <br />are surplus over and above the aggregate of the quantity specified <br />in paragraph (a) and (b) (7.5 million acre-feet to Upper and <br />Lower Basin and Lower Basin option to increase use by one mil- <br />lion acre-feet], and if such surplus shall prove insufficient for this <br />purpose, then, the burden of such deficiency shall be equally borne <br />by the Upper Basin and the Lower Basin, and whenever necessary <br />the states of the Upper Basin shall deliver at Lee Ferry water <br />to supply one-half of the deficiency so recognized in addition to <br />that provided in paragraph (d) [75,000,000 acre-feet for any <br />period of ten consecutive years]. <br /> <br />The United States signed a treaty with Mexico on February 3, 1944 <br />(59 Stat. 1219). The treaty guarantees annually to Mexico one and <br />one-half million acre-feet annually provided that in times of surplus <br />the United States would endeavor to deliver not to exceed 1.7 million <br />acre-feet and provided further that in the event of extraordinary <br />drought or serious accident to the irrigation systems of the United <br />States making it difficult for the United States to deliver the guaran- <br />teed 1.5 million acre-feet per year the water delivered to Mexico would <br />be reduced in the same proportion as consumptive uses in the United <br />States are reduced. <br />
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