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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 />.' <br /> <br />001827 <br /> <br />. <br /> <br />. <br /> <br />I should like to close by reading portions of the <br /> <br />Government's brief filed June l, 1959, which indicate a new <br /> <br /> <br />concept of water rights. That concept, I think, will be of <br /> <br /> <br />interest and concern even to those who have no claim to the <br /> <br />Colorado River or to its waters. <br /> <br />Here are some of the positions taken by the United <br /> <br />States, quoted from subcaptions in the Government's brief filed <br /> <br />June l, 1959, before the Special Master: <br /> <br />"By exercise of its power to impose reasonable con- <br />ditions on the use of federal funds, federal property, <br />and federal privileges, Congress can in effect allocate <br />the waters ~~ an interstate stream for use in the States <br />concerned. "~ <br /> <br />"Congress has not 'surrendered' to the states of <br />the Colorado River Basin the United S~~tes' plenary <br />control of the waters of that river. "s- <br /> <br />"The waters of all sources of supply within their <br />respective bounda~~es do not belong to the States of <br />the Lower Basin. "l; - <br /> <br />Under the latter caption, we find this argument <br />developed:Y <br /> <br />"It is, of course, judicially noticeable that by <br />the Treaty of Guadalupe Hidalgo, 9 Stat. 922, and the <br />Gadsden Purchase, lO Stat. l03l, there was ceded to <br />the United States of America by Mexico title to all <br />the lands now situated in the States of California, <br /> <br />11 P. 26. <br />51 P. 27. <br />Y P. 28. <br />Y Pp. 3l-33. <br /> <br />39. <br />
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