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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 />01)3292 <br /> <br />found support in the 1964 Decree's Article IX which <br />permitted amendment of the Decree's provisions. <br />These two Tribes also noted that the 1964 Decree spe- . <br />cifically left open the boundary lands question regard- <br />ing the Colorado River Indian Reservation. <br />Before the entry of the supplemental decree, the <br />State Parties and the United States filed papers which <br />opposed these motions to intervene. The United States <br />initially argued against intervention by the Fort <br />Mojave, Chemehuevi, and Quechan Tribes because: (1) <br />it adequately represented the Indians; (2) the then- <br />proposed decree which was offered under Article VI of <br />the 1964 Decree fully protected the Indians; (3) the <br />omitted and boundary lands claims could be brought <br />later under Articles II and IX of the 1964 Decree." <br />But later, the United States stated that it would not <br />oppo~e intervention after a Decree on Article VI was <br />entered..e The State Parties argued that intervention <br />by these three Tribes should be denied because: (1) in- <br />tervention would authorize a suit by the Tribes against <br />the, states in violation of the Eleventh Amendment; (2) <br />any claims for additional water rights should be <br />brought under Articles II and IX; and (3) the Indians <br />did not meet the conditions for either permissive in- <br />tervention or intervention as of right - mainly due to <br />the untimely application." Subsequently, the four Cal- <br />ifornia urban agencies" tiled a response separate from <br />the other State Parties opposing the substantive <br /> <br />claims of all five Tribal groups to any additional water <br />rights but not opposing intervention of the Colorado <br />River and Chemeheuvi Tribes if the Tribes had inde- <br />pendent counsel and if the entry of the 1979 Supple- <br />mental Decree would not be de~yed..' Moreover, <br />those agencies did' not oppose litigatioa of the bound- <br />ary lands question if they were permitted to challenge <br />the conectness of the characterization of these lands <br />as Reservation lands. California and Nevada, joined by <br />two water districts, tiled a response consenting to in- <br />tervention of the Colorado River and Cocopah Tribes <br />if: (1) the United States did not oppose intervention; <br />(2) the Supplemental Decree was entered promptly, at <br />least concurrent with a grant of intervention; (3) inter- <br />vention was limited to the purpose of adjudicating <br />only the claims of additional water rights under Arti- <br />cles II and IX (apparently including water rights <br />claims for boundary and omitted lands); (4) the Indi- <br />ans were represented only by individual counsel; (5) <br />the intervention was permissive and not as a matter of <br />right.lo Arizona later filed a respoD!18 apparently op- <br />posing any intervention.n <br />Then on December 22, 1978, the United States <br />moved for entry of a Supplemental Decree to grant ad- <br />ditional water rights for boundary landS and omitted <br />lands.1I .That memorandum recommended that the <br />matter be referred to a Special Master. But the United <br /> <br />49. Response of the Urbm "'encl. to Motion of Colorado River In- <br />dian Tribes and Cocopah Indian Tribe for LeaVll to InterVltDe and Peti- <br />tion of Intervention (June 1975). <br />50. Respol184l of California and Nevada to the Cocopah and Colorado <br />River Tribee' Motion (June 1975). <br />51. Response of Ari20na to the Cocopah and CoIow!o Rivu Triba' <br />Motion (June 1978). <br />52. Motion of United Stetee for MocIiIIcation of Decree and Support- <br />ing Memorandum (Dee. 1975). <br /> <br />45. Memorandum of United Stetes (Feb. 1978). <br />46. Memorandum of United States (May 1978). <br />47. Response of Slate Partieo to tbe Fort Mojave, Cbemehuevl, and <br />Quecban Tribes' Motion for Leave to Intervene 81 Indispeneable Puti. <br />(Jan. 1978). ' <br />46. The Metropolitan Water District of Soutbern CaJi(ornia, City of <br />Los Angel.., City of San Diego, and County of San Diego. <br /> <br />22 <br /> <br />23 <br />
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