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Last modified
1/26/2010 12:48:15 PM
Creation date
10/11/2006 11:29:58 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8230.100.10
Description
Colorado River Basin Colorado River Litigation - Interstate Litigation - Arizona Vs California
State
AZ
Basin
Colorado Mainstem
Date
2/22/1982
Author
Elbert P Tuttle
Title
In the Supreme Court of the US - October Term 1981 - Report - Special Master Elbert P Tuttle
Water Supply Pro - Doc Type
Report/Study
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<br />use: 2,800,000 was to go to Arizona, 4,400,000 was to go <br />to California, and 300,000 was to go to Nevada. Water <br />in excess of 7,500,000 acre-feet was to be shared <br />equally by California and Arizona unless the United <br />States contracted with Nevada to give 4% of the ex- <br />cess to that state out of Arizona's share. If the water <br />supply was less than the annual consumptive use of <br />7,500,000 acre-feet, then the Secretary of the Interior <br />was directed to satisfy "present perfected rights," <br />(which included the Indian water rights), "in order of <br />their priority dates without regard to state lines." [d. <br />at 342. <br />The Indian Reservation water rights and their pri- <br />ority dates were set forth later in Article II. The <br />United States was directed to release water to federal <br />establishments only in accordance with the allocations <br />specified. The Decree then specified the diversions in <br />acre-feet of water, number of irrigable acres and prior- <br />ity dates determined by the Master. Each Reservation <br />was to receive either the. diversions specified or the <br />consumptive use of water necessary to serve the acres <br />found irrigable, whichever amount was less. <br />The 1964 Decree lacked a full listing of the "pre- <br />sent perfected rights" and their priority dates. The In- <br />dian water rights were specified to some degree," but <br />the other "present perfected rights," later known in <br />the 1979 Decree as "miscellaneous present perfected <br />rights" remained unspecified. Article VI thus provided <br />that: <br /> <br />i <br />I <br />I <br />I <br />I <br />I <br /> <br />.1 <br /> <br />0""'34)80 <br />I' ;" " <br /> <br />Within two yearsS' from the date of this de- <br />cree, the States of Arizona, California, and Ne- <br />vada shall furnish to this Court and to the Sec- <br />retary of the Interior a list of the present <br />perfected rights, with their claimed priority <br />dates in waters of the maiQStream within each <br />State, respectively, in terms of'tonsumptive use, <br />except those relating to federal establishments. <br />Any named party to this proceedinlf may pre- <br />sent its claim of present perfected n~hts or its <br />opposition to the claims of others. The Secre- <br />tary of the Interior shall supply similar informa- <br />tion, within a similar period of time, with re- <br />spect to the claims of the United States to <br />present, perfected rights within each State. If <br />the parties and the Secretary of the Interior are <br />unable at that time to agree on the present per- <br />fected rights to the use of mainstream water in <br />each State, and their priority dates, any party <br />may aJ;lply to the Court for the determination of <br />such rIghts by the Court. <br /> <br />376 U.S. at 351-52. The determinations envisioned in <br />Article VI were extremely important because the <br />amounts and dates set under that article would deter- <br />mine the quantities of water and order of priority in <br />times of shortage. Such "present perfected rights" <br />would take priority over any junior rights. Similarly, <br />the non-Indian claims to be classified as "present per- <br />fected rights" could take priority over Indian claims if <br />given a priority date that predated the establishment <br />of an Indian Reservation. <br />In closing, the Court, following the recommenda- <br />tion of the Master, included a provision, Article IX, <br />recognizing the non-final nature of the 1964 Decree: <br /> <br />35. In the 1979 Decree the Indian water rights were again spelled out <br />and each acre-foot of water was than matched with a priority date. 439 <br />U.S. at 423, 428, 436. Due to evidentiary problema this match was not <br />possihle at the time of the 1964 Decree. See note 33 and accompanyins <br />text supra. <br /> <br />36. This period of time was amended on February 28, 1968, to allow <br />three yeara from March 9, 1964. for a determination of prior perfected <br />rights and priority dates. '383 U.s. 268 (1966). <br /> <br />l6 <br /> <br />17 <br />
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