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WSP08236
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Last modified
1/26/2010 2:47:24 PM
Creation date
10/12/2006 2:49:51 AM
Metadata
Fields
Template:
Water Supply Protection
File Number
8282.500
Description
Colorado River Operations
State
CA
Basin
Colorado Mainstem
Date
3/30/1970
Author
Metro. Water Dist. o
Title
Statement of Metro Water District of Southern California Related to Glen Canyon Filling Criteria
Water Supply Pro - Doc Type
Publication
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<br />. . <br /> <br />4. Discussion and Analys is of <br />Section 502 of P.L 90-537 <br /> <br />Examination of the text of Section 502 in accordance <br /> <br />with the accepted rules of statutory construction further support <br /> <br />the conclusion that Section 502 of P.L. 90-537 implements the <br /> <br />Seven-State Agreement. <br /> <br />The primary rule in construing a statute enacted by <br /> <br />Congress is to determine its intent in enacting the statute. Where <br /> <br />the statute is ambiguous, as in Section 502, the general rule is <br /> <br />to determine the Congressional intent from the legislative history <br /> <br />of the statute, 1. e., statements at Congressional Committee hearings, <br /> <br />Congressional Committee reports, and debates by members of Congress. <br /> <br />Arizona v. California (1963 <br />373 U.S 546, 583 (footnote 85) <br /> <br />See also 70 A.L.R. 5 <br /> <br />A review of the text of Section 502 indicates that <br /> <br />it contains express language directing that the Upper Colorado River <br /> <br />Basin Fund shall be reimbursed as provided therein, but it does not <br /> <br />contain express language that the Filling Criteria and the Hoover <br /> <br />power deficiency allowances be continued. However, Section 502 <br /> <br />does include this proviSion by inference as is hereinafter discussed. <br /> <br />In construing specific portions of Section 502, <br /> <br />another rule of statutory construction is applicable, 1. e., that <br /> <br />Congress will be presumed to have inserted every phrase in the <br /> <br />statute for a purpose. Once that purpose is determined it should <br /> <br />-14- <br />
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