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Last modified
1/26/2010 11:40:39 AM
Creation date
10/9/2006 4:47:09 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
7/17/1959
Author
Charles E Corker
Title
AZ Vs CA - Legal Documents 1958-1965 - The Issues in Arizona V California - A Paper Prepared for Presentation at CU Western Resources Conference
Water Supply Pro - Doc Type
Report/Study
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<br />(J018J8 <br /> <br />. <br /> <br />. <br /> <br />In 1930, Arizona brought the first of three suits <br />against the six other Colorado River basin states, joining <br />the Secretary of the Interior, to have the Project Act and <br />the Compact declared unconstitutional. The Court dismissed <br />Arizona's complaint, holding that since Arizona had not ratified <br />the Compact, neither the Project Act nor the Compact prevented <br />Arizona from appropriating any of the 9,000,000 acre-feet which <br />Arizona alleged was unappropriated.1I <br />In 1934, Arizona tried again. This time Arizona <br />alleged that by the water delivery contracts negotiated by <br />the Secretary of the Interior with California agencies, under <br />authority of the Project Act and the reclamation laws, Cali- <br />fornia and the Secretary were asserting a right to appropriate <br />the III(b) waters for use in California. Arizona sought to <br /> <br />11 Arizona v. California, 283 u.s. 423 (l93l). At 462, <br />the Court quoted from ~ l8 of the Boulder Canyon Project Act as <br />the basis of this holding: "Nothing herein shall be construed <br />as interfering with such rights as the States now have either <br />to the waters within their borders or to adopt such policies <br />and enact such laws as they may deem necessary with respect to <br />the appropriation, control, and use of waters within their <br />borders, except as modified by the Colorado River compact or <br />other interstate agreement." Arizona and the United States <br />now contend that the law of appropriation, if it ever existed <br />on the navigable Colorado, was superseded by the Project Act. <br />The United States says ~ 18 does not apply to the main stream. <br />(United States Reply Brief, p. 28.) Arizona says that it does <br />not apply to appropriative rights interstate or against the <br />United states. (Arizona Answering Brief, p. 46.) <br /> <br />20. <br />
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