Determination of the Rights of the States of the Lower Colorado River Basin to Waters of the Main Stream of the Colorado River, Opinion

Document: 88th Congress, 1st Session, Senate, Document No. 20, Determination of the Rights of the States of the Lower Colorado River Basin to Waters of the Main Stream of the Colorado River, Opinion of the United States Supreme Court in the Case of State of Arizona, Plaintiff, v. State of California et al, Rendered June 3, 1963, Presented by Mr. Hayden, June 4, 1963, page 1614 ARIZONA v. CALIFORNIA. argument would be much more water for California and much less for Arizona. California also argues that the Act neither allocates the Colorado River waters nor gives the Secretary authority to make an allocation. Rather she takes the position that the judicial doctrine of equitable apportionment giving full interstate effect to the traditional western water law of prior appropriation should determine the rights of the parties to the water. Finally, California claims that in any event the Act does not control in time of shortage. Under such circumstances, she says, this Court should divide the waters according to the doctrine of equitable apportionment or the law of prior appropriation, either of which, she argues, should result in protecting her prior uses. Our jurisdiction to entertain this suit is not challenged and could not well be since Art. III, &cect; 2, of the Constitution gives this Court original jurisdiction of actions in which States are parties. In exercising that jurisdiction, we are mindful of this Court's often expressed preference that, where possible, States settle their controversies by "mutual accommodation and agreement."32Epson Perfection 4870 Photo, 400 dpi, 8 bit, 1,741,234 byte