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 3937 ARIZONA v. CALIFORNIA. necessary for it to acquire water rights or vested interests therein. But the acquisition of water rights must not be confused with the operation of federal projects. As the Court said in Nebraska v. Wyoming, supra, at 615: 'We do not suggest that where Congress has provided a system of regulation for federal projects, it must give way before an inconsistent state system." ... We read nothing in § 8 that compels the United States to deliver water on conditions imposed by the State." Id., at 291-292. Since § 8 of the Reclamation Act did not subject the Secretary to state law in disposing of water in that case, we cannot, consistently with Ivanhoe, hold that the Secretary must be bound by state law in disposing of water under the Project Act. Nor does § 18 of the Project Act require the Secretary to contract according to state law. That Act was passed in the exercise of congressional power to control navigable water for purposes of flood control, navigation, power generation, and other objects,88Epson Perfection 4870 Photo, 400 dpi, 8 bit, 1,715,610 byte