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Last modified
1/26/2010 12:55:06 PM
Creation date
10/12/2006 12:17:51 AM
Metadata
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Template:
Water Supply Protection
File Number
8210.110.60
Description
Colorado River Water Users Association
Basin
Colorado Mainstem
Date
12/6/1951
Author
CRWUA
Title
Proceedings of the 8th Annual Conference
Water Supply Pro - Doc Type
Annual Report
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<br />hearing in March, 1950, they sought to require the Secretary to turn down <br />sufficient water to maintain the semi-annual runs of salmon. Peirson Hall, <br />Federal District JUdge, denied an injunction and dismissed certain cases <br />relating only to fish, and held that the fish were the property of the State <br />and no one but the State could claim relief. Although the State had appeared <br />in these hearings it had not taken a position. Thereafter, however, Attorney <br />General Edmund G. Brown held that the law did not require water to be dis- <br />charged from Friant Dam to maintain fish life if such a discharge would <br />interfere with the primary objective of the Central Valley Project. <br /> <br />In August, 1951, a new application was made for an injunction to <br />require the Bureau of Reclamation to release the entire flow of the San <br />Joaquin River from Friant Dam for the benefit of the riparian lands between <br />the Dam and Mendota Pool. The United States Attorney, the California Attorney <br />General, and attorneys for sixteen irrigation districts receiving water from <br />the Madera and Friant Canals appeared in opposition. The Bureau was then <br />turning down the river some 2,000 second feet of flow, when, in fact, the <br />riparian land owners were using onlY about 100 second feet. The State, <br />through Attorney General Brown, by Arvin B. Shaw, Jr., Assistant Attorney <br />General, urged upon the court the desirability of a physical solution which <br />would protect the riparian land owners in the amount of water they needed <br />and at the same time permit the retention of as much water as possible at <br />Friant Dam for the irrigation districts. <br /> <br />It was agreed by all parties that an order might be entered permitting <br />the release of 2,000 second feet, to be reduced when the Bureau had accomplished <br />certain river channelization and other modifications. The hearing was continued <br />to a date later in August. By that date it had become possible to. reduce the <br />flow to 1,000 second feet. The State urged certain modifications of the re- <br />straining order to improve the physical solution. The court modified the <br />order and continued it in effect. It then ordered the case set for trial <br />on January 15, 1952, and directed the engineers to confer on a permanent <br />solution. It appears probable that ultimately the release of water from <br />Friant Dam at Lake Millerton can be reduced to some 150 second feet. <br /> <br />The Hollister Land Company seeks to obtain water for grasslands <br />along the lower reaches of the San Joaquin River. It was intended in the <br />plan of the Central Valley Project that the water rights of the grasslands <br />area should be purchased by the United States in order that the water might <br />be used for the higher purposes of irrigation along the Madera and Friant- <br />Kern Canals. The government has spent over $5,000,000 in buying these rights. <br />However, plaintiffs contend that they have left, nevertheless, some rights to <br />the waters of the San Joaquin. The case has been set for trial at the same <br />time as the Rank case. <br /> <br />It is the position of the State, through Attorney General Brown, <br />that if the grassland owners have any rights they must be justly dealt with, <br />that is, they must be paid the value of their rights; but that the public <br />objective of the State and Federal Governments in the Project, namely, the <br />supply of irrigation water to lands, must not be defeated by litigation. <br />Thus we see that in these cases the Bureau of Reclamation is being aided <br />by the State of California. <br /> <br />-13- <br />
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