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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 />. <br /> <br />be given effect. An excellent statement of this rule is set <br /> <br />forth in 50 hmericaQ..jurisprudenc~ (Statutes 358) at pages <br /> <br />361-362 as follows: <br /> <br />"In the interpretation of a statute, the legislature <br />will be presumed to have inserted every part thereof <br />for a purpose, and to have intended that every part of a <br />statute should be carried into effect. The maxim, <br />'ut res magis, quam perat' 111 requires not merely that a <br />statute should be givell effect as a whole, but that effect <br />should be given to each of its express provisions. A <br />statute should not be construed in such manner as to <br />render it partly ineffective or inefficient if another <br />construction will make it effective. Indeed, it is a <br />cardinal rule of statutory consiruction that siGnifica11.QQ <br />and effect should, if possible, without destroying th~ <br />sense or effect of the law , be accorded every part of the <br />.9.f.L... includinG every section, paraGraph , sentence , clause <br />phrase and word. Under this rule , that construction is <br />favored which will render every word operative , rather than <br />one which makes some words idle and nugatory , 0 0 ." <br />(Emphasis added) <br /> <br />Applying the above-quoted rule to Section 502, it is <br /> <br />submitted that the proviSions thereof hereinafter discussed clearly <br /> <br />prove that Congress intended that the Filling Criteria and the Hoover <br /> <br />power defiCiency allowances continue during said filling period. <br /> <br />These provisions are: <br /> <br />(a) "reimbursed... for the money expended heretofore <br /> <br />or hereafter". If Congress did not intend that the Hoover power <br /> <br />deficiency allowances continue after the enactment of P. L. 90-537, <br /> <br />why was the word" hereafter" included? Applying the above rule of <br /> <br />111 This phrase is defined in Black's Law Dictionary <br />(4th Ed) as "That the thing ma y rather have effect <br />than be destroyed." <br /> <br />-15- <br />
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