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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 />001813 <br /> <br />. <br /> <br />. <br /> <br />"Arizona considers its statement of Position <br />hOYlt:d-:nf"n'YlQ f";lon hAl"'IO;Y'l :::1Yln ,.~'l"tt.~.,,,, 'PD"~l /"'.nnf'.lllR,1ons <br />...~............._........._- ----- .~---_.. -..- ---- ----. --{,...l-- ------~._--- <br />and arguments set forth in its various pleadings <br />filed herein unsound and not supported in the law <br />in relation to the proper interpretation of Sections <br />4(a), 5 and 8 of the Project Act and Articles III <br />and VIII of the Compact." <br />It is unnecessary to attempt a description of the <br />positions taken in that five page document, for a year later, <br />on August l3, 1958, with the trial a few days from closing, <br />Arizona filed a motion with the Special Master for leave to <br />file new pleadings, at variance with the pleadings filed with <br />the Court in 1952 and 1953, and at variance also with the 1957 <br />statement. The motion to file new pleadings was opposed by all <br />parties, on the ground that the Special Master lacks jurisdiction, <br />under the order of reference from the Court, either to grant or to <br />deny the motion. California opposed it also on the additional <br />ground that the issues in the new pleadings had not been tried. <br />The Special Master has not yet ruled on Arizona's motion. At <br />the close of trial he directed all parties to prepare and file, <br />simultaneously, proposed findings of fact, conclusions of law, <br />and briefs. Those were filed April 1, 1959, responses were <br />filed on June l, and rebuttal briefs by some of the parties <br />were filed on June 30, 1959. <br /> <br />The case is now under submission to the Special Master, <br />the last word having been spoken and written until the Master <br />asks for argument on issues which..he may designate, or until <br />he submits a draft report to the parties prior to submission <br />to the Court. After opportunity to the parties to be heard on <br /> <br />possible modifications of the Master's report, that report will <br /> <br />25. <br />
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