Department of Justice, State of California - Comments Regarding Pacific Southwest Water Plan

Document: Comments re Pacific Southwest Water Plan, submitted by Stanley Mosk, Department of Justice, State of California, October 28, 1963, page 6most helpful contribution, however, is a somewhat more detailed analysis of the water supply problem as it is affected by certain legal considerations which may have been overlooked -- particularly legal considerations growing out of the Supreme Court's decision in Arizona v. California on June 3, 1963. As the Plan indicates (p. II-5), the litigation was precipitated by a congressional committee's determination to postpone consideration of legislation to authorize the proposed Central Arizona Project until water rights in the lower Colorado River might be decided by adjudication or agreement among the states. The Report also accurately indicates the effect of the decision on a water supply from the main stream sufficient to satisfy 7.5 million acre-feet or more per year of consumptive use: California is limited to 4.4 million acre-feet plus one half of the excess above 7.5 million acre-feet. Arizona is limited to 2.8 million acre-feet plus one half of the excess (subject to a reduction of that one half in favor of Nevada, if the Secretary contracts with Nevada). Nevada is limited to 300,000 acre-feet. However, the Plan estimates the water available for use at and below Hoover Dam at present and through 1975 as 7,760,000 acre-feet per year, at 7,190,000 in the year 1990, and 6,820,000 in the year 2000 (table 16A, p. IV-11). Hence, the Plan leaves a question essential to any regional or project planning undecided: allocation of shortages if there is less than 7.5 million acre-feet of main stream water in any year. For that reason, we turn first to the decision itself. ARIZONA v. CALIFORNIA 1. Present Status of the Litigation Arizona initiated the suit against California and seven public agencies of our state on August 13, 1952. The United States and Nevada became parties to that suit by intervention. New Mexico and Utah, the remaining states with areas in the lower Colorado River basin, were joined as parties on the motion of California. California's motion to join the upper basin states as parties to the suit was opposed by those states and denied by the Court. The Supreme Court rendered its decision on June 3, 1963. California's petition for rehearing was denied on October 21, 1963. The parties have been invited by the Court to submit within 30 days after this action on the petition for rehearing a recommended form 6.Epson Perfection 4870 Photo, 400 dpi, 8 bit, 1,416,592 byte