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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 />. <br /> <br />0033l.l <br /> <br />2. Chemehuevi Indian Reservation <br /> <br />(a) The Benson Line <br /> <br />The boundary change at this Reservation adds <br />some 2,430 acres along Lake Havasu. These lands were <br />resoored 00 the Cbemehuevi Indian Reservation by <br />Secretarial Order of August 15, 1974, the result of a <br />determination that part of the land taken from the <br />Reservation lor the construction of Parker Dam was <br />not needed. Although the United States once alleged <br />that the resoored land contained 150 practicably irriga- <br />hie acres, neither the United States nor the Tribe <br />presently makes a claim of inigability for any bound- <br />ary lands.a. Thus, I will consider their claims as deal. <br />ing with only omitted landa.al <br /> <br />3. Colorado River Indian Reservation <br /> <br />At the time of the original hearings before the prior <br />Master, doubt existed whether the central western <br />~undary w~ the mobile west h8l1.\ of the Colorado <br />River or a. line meandered by W.F. Benson in 1879 <br />now well moo the California side of the river. Th~ <br />Master ~dertocli; to. resolve the question also, but the <br />Court d188pproved his attempt 00 1U: the the boundary <br />and the matter was left open. Subsequently, on Janu~ <br />ary 17, 1969, the Secretary of the Interior formally <br />adopted the Benson Line as the western boundary of <br />the Reservation along the entire segment covered by <br />the ~enson survey. The United States subsequently <br />ob~~ final judgments in title disputes with private <br />parties m the United States District Court for the <br />Ce~~al ~is~ict of California,OI partially stipulated, <br />qWetmg I!B ~Itle ~ trus~e for the Tribes to separate <br />parcels Within this additional area. This Secretarial <br />Order added some 4,400 acres to the Reservation. <br /> <br />There are two boundary adjustments affecting this <br />Reservation. The first is the so-called "Benson Line" <br />area; the other lies along the northwest boundary. <br /> <br />, 80. u.s. Exh. 42 at Table 9; CH. Supp. &h. (Sept. (981), record item <br />no. 184. <br />81. The ewbite tendered in the proceedinga before the prior Muter <br />.how oome of the acreage preoently claimed eo omitted land to be Ia. <br />belled "Reclamation Withdrawn Area to be Restored." Pr. US &h. <br />1207. I have received no information indicating that the area 00 de- <br />&<:ribed to any estant coincidea with the area reatored by the 1974 Secre- <br />tarial Order. <br />The Slate Partice once claimed thet the reotored _ea. havinl been <br />trllDBferred from the trust for the Indiana, retained no .-.ved water <br />righ18 upon the reconveyance to the trust. Memorandum of the Urban <br />Agencice re the Indian Reaervation Boundary Qu..tion 10 (Apr. 1979). In <br />light of Pr. U.S. Exh. 1207. thia arsument, to the enent it hM any bear. <br />ins on the preoent case, appan equally applicable to the omitted lands . <br />claim made preoently eo well u to any othar r..tored lands denoted u <br />houndaJy lands. The Slate Partiea, however, have not pursued tIu. al'/l'U- <br />ment and, in any event. it _me forec1oaed by the Court'. award of watar <br />righ18 to a large amount of .uch r..torad land in the 1964 Decree. See ill. <br /> <br />(b) The Northwest Boundary <br /> <br />During the investigation of the Benson Line prob- <br />lem, the Secretary discovered what he conaidered to be <br />another surveying error. As a result of thiS discovery <br />the Secretary directed that the old I\IlVey be IUB~ <br />peDded, and he approved a corrected plat OD Decem- <br />ber 18, 1978. This Dew plat moved one end of the <br />northwest boundary to a point westward and added <br />~pproximately 450 acres to the Reservation from pub- <br />lic lands of the United States. ' <br /> <br />82. The opinioDO are unpub\iahed. <br /> <br />60 <br /> <br />61 <br />
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