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ARIZONA v. CALIFORNIA ET AL.

decided: January 9, 1979.

ARIZONA
v.
CALIFORNIA ET AL.



ON JOINT MOTION FOR ENTRY OF SUPPLEMENTAL DECREE AND MOTIONS FOR LEAVE TO INTERVENE; Decided June 3, 1963 -- Decree entered March 9, 1964 -- Amended decree entered February 28, 1966 -- Argued October 10, 1978 -- Decided and supplemental decree entered January 9, 1979; Joint motion for entry of a supplemental decree is granted and a supplemental decree is entered; motions to intevene denied in part and otherwise referred to Special Master. Opinion reported: 373 U.S. 546; decree reported: 376 U.S. 340; amended decree reported: 383 U.S. 268.

Author: Per Curiam

[ 439 U.S. Page 420]

 The United States of America, Intervenor, State of Arizona, Complainant, the California Defendants (State of California, Palo Verde Irrigation District, Imperial Irrigation District, Coachella Valley County Water District, The Metropolitan Water District of Southern California, City of Los Angeles, City of San Diego, County of San Diego), and State of Nevada, Intervenor, pursuant to Art. VI of the Decree entered in the case on March 9, 1964, at 376 U.S. 340, and amended on February 28, 1966, at 383 U.S. 268, have agreed to the present perfected rights to the use of mainstream water in each State and their priority dates as set forth herein. Therefore, it is hereby ORDERED, ADJUDGED, AND DECREED that the joint motion of the United States, the State of Arizona, the California Defendants, and the State of Nevada to enter a supplemental decree is granted and that said present

[ 439 U.S. Page 421]

     perfected rights in each State and their priority dates are determined to be as set forth below, subject to the following:

(1) The following listed present perfected rights relate to the quantity of water which may be used by each claimant and the list is not intended to limit or redefine the type of use otherwise set forth in said Decree.

(2) This determination shall in no way affect future adjustments resulting from determinations relating to settlement of Indian reservation boundaries referred to in Art. II (D)(5) of said Decree.

(3) Article IX of said Decree is not affected by this list of present perfected rights.

(4) Any water right listed herein may be exercised only for beneficial uses.

(5) In the event of a determination of insufficient mainstream water to satisfy present perfected rights pursuant to Art. II (B)(3) of said Decree, the Secretary of the Interior shall, before providing for the satisfaction of any of the other present perfected rights except for those listed herein as "MISCELLANEOUS PRESENT PERFECTED RIGHTS" (rights numbered 7-21 and 29-80 below) in the order of their priority dates without regard to State lines, first provide for the satisfaction in full of all rights of the Chemehuevi Indian Reservation, Cocopah Indian Reservation, Fort Yuma Indian Reservation, Colorado River Indian Reservation, and the Fort Mojave Indian Reservation as set forth in Art. II (D)(1)-(5) of said Decree, provided that the quantities fixed in paragraphs (1) through (5) of Art. II (D) of said Decree shall continue to be subject to appropriate adjustment by agreement or decree of this Court in the event that the boundaries of the respective reservations are finally determined. Additional present perfected rights so adjudicated by such adjustment shall be in annual quantities not to exceed the quantities of mainstream water necessary to

[ 439 U.S. Page 422]

     supply the consumptive use required for irrigation of the practicably irrigable acres which are included within any area determined to be within a reservation by such final determination of a boundary and for the satisfaction of related uses. The quantities of diversions are to be computed by determining net practicably irrigable acres within each additional area using the methods set forth by the Special Master in this case in his Report to this Court dated December 5, 1960, and by applying the unit diversion quantities thereto, as listed below:

Unit Diversion

Quantity Acre-Feet

Indian Reservation Per Irrigable Acre

Cocopah 6.37

Colorado River 6.67

Chemehuevi 5.97

Ft. Mojave 6.46

Ft. Yuma 6.67

The foregoing reference to a quantity of water necessary to supply consumptive use required for irrigation, and as that provision is included within paragraphs (1) through (5) of Art. II (D) of said Decree, shall constitute the means of determining quantity of adjudicated water rights but shall not constitute a restriction of the usage of them to irrigation or other agricultural application. If all or part of the adjudicated water rights of any of the five Indian Reservations is used other than for irrigation or other agricultural application, the total consumptive use, as that term is defined in Art. I (A) of said Decree, for said Reservation shall not exceed the consumptive use that would have resulted if the diversions listed in subparagraph (i) of paragraphs (1) through (5) of Art. II (D) of said Decree and the equivalent portions of any supplement thereto had been used for irrigation of the number of acres specified for that Reservation in said paragraphs and supplement and

[ 439 U.S. Page 423]

     for the satisfaction of related uses. Effect shall be given to this paragraph notwithstanding the priority dates of the present perfected rights as listed below. However, nothing in this paragraph (5) shall affect the order in which such rights listed below as "MISCELLANEOUS PRESENT PERFECTED RIGHTS" (numbered 7-21 and 29-80 below) shall be satisfied. Furthermore, nothing in this paragraph shall be construed to determine the order of satisfying any other Indian water rights claims not herein specified.

I

ARIZONA

A. Federal Establishments' Present Perfected Rights

The federal establishments named in Art. II, subdivision (D), paragraphs (2), (4), and (5) of the Decree entered March 9, 1964, in this case, such rights having been decreed in Art. II:

Annual

Diversions Net Priority

Defined Area of Land (acre-feet) Acres Date

1) Cocopah Indian Reservation 2,744 431 Sept. 27, 1917

2) Colorado River Indian

Reservation 358,400 53,768 Mar. 3, 1865

252,016 37,808 Nov. 22, 1973

51,986 7,799 Nov. 16, 1874

3) Fort Mojave Indian

Reservation 27,969 4,327 Sept. 18, 1890

68,447 10,589 Feb. 2, 1911

B. Water Projects' Present Perfected Rights

(4) The Valley Division, Yuma Project in annual quantities not to exceed (i) 254,200 acre-feet of diversions from the mainstream or (ii) the quantity of mainstream water necessary to supply the consumptive use required for irrigation of

[ 439 U.S. Page 42443]

     ,562 acres and for the satisfaction of related uses, whichever of (i) or (ii) is less, with a priority date of 1901.

(5) The Yuma Auxiliary Project, Unit B in annual quantities not to exceed (i) 6,800 acre-feet of diversions from the mainstream or (ii) the quantity of mainstream water necessary to supply the consumptive use required for irrigation of 1,225 acres and for the satisfaction of related uses, whichever of (i) or (ii) is less, with a priority date of July 8, 1905.

(6) The North Gila Valley Unit, Yuma Mesa Division, Gila Project in annual quantities not to exceed (i) 24,500 acre-feet of diversions from the mainstream or (ii) the quantity of mainstream water necessary to supply the consumptive use required for irrigation of 4,030 acres and for the satisfaction of related uses, whichever of (i) or (ii) is less, with a priority date of July 8, 1905.

C. Miscellaneous Present Perfected Rights

1. The following miscellaneous present perfected rights in Arizona in annual quantities of water not to exceed the listed acre-feet of diversion from the mainstream to supply the consumptive use required for irrigation and the satisfaction of related uses within the boundaries of the land described and with the priority dates listed:

Annual

Diversions Priority

Defined Area of Land (acre-feet) Date

7)

160 acres in Lots 21, 24, and 25, Sec. 29 and 960 1915

Lots 15, 16, 17 and 18, and the SW 1/4 of the

SE 1/4, Sec. 30, T.16S., R.22E.,

San Bernardino

Base and Meridian, Yuma County, Arizona.

(Powers)*fn2

8)

Lots 11, 12, 13, 19, 20, 22 and

S 1/2 of SW 1/4, 1,140 1915

Sec. 30, T.16S., R.22E., San

Bernardino Base

and Merdian, Yuma County, Arizona. (United

States)*fn3

9)

60 acres within Lot 2, Sec. 15 and Lots 1

and 2, 360 1910

Sec. 22, T.10N., R.19W, G&SRBM.

(Graham)*fn2

10)

180 acres within the N 1/2 of the

S 1/2 and the 1,080 1902

S 1/2 of the N 1/2 of Sec. 13 and the

SW 1/4 of the

NE 1/4 of Sec. 14, T.18N., R.22W.,

G&SRBM.

(Hulet)*fn2

11)

45 acres within the NE 1/4 of the

SW 1/4, the

SW 1/4 of the SW 1/4 and the

SE 1/4 of the

SW 1/4 of Sec. 11, T.18N., R.22W.,

G&SRBM.

80 acres within the N 1/2 of the

SW 1/4 of Sec.

11, T.18N., R.22W., G&SRBM. 1,050 1902

10 acres within the NW 1/4 of the

NE 1/4 of the

NE 1/4 of Sec. 15, T.18N., R.22W.,

G&SRBM.

40 acres within the SE 1/4 of the

SE 1/4 of Sec. 15,

 T.18N., R.22W., G&SRBM.

(Hurschler)*fn2

12)

40 acres within Sec. 13, T.17N.,

R.22W., 240 1902

G&SRBM. (Miller)*fn2

13)

120 acres within Sec. 27, T18N.,

R.21W.,

G&SRBM.

15 acres within the NW 1/4 of the

NW 1/4, Sec. 810 1902

23, T.18N., R.22W., G&SRBM.

(McKellips

and Granite Reef Farms)*fn4

14)

180 acres within the NW 1/4 of the

NE 1/4, the 1,080 1902

SW 1/4 of the NE 1/4, the NE 1/4 of

the SW 1/4, the

NW 1/4 of the SE 1/4, the NE 1/4 of

the SE 1/4, and

the SW 1/4 of the SE 1/4, and the

SE 1/4 of the

SE 1/4, Sec. 31, T.18N., R.21W.,

G&SRBM.

(Sherrill & Lafollette)*fn4

15)

53.89 acres as follows: 318 1928

Beginning at a point 995.1 feet easterly of the

NW corner of the NE 1/4 of Sec.

10, T'8S.,

R.22W., Gila and Salt River Base

and Merid-

ian; on the northerly boundary of the said

NE 1/4, which is the true point of

beginning,

then in a southerly direction to a

point on the

southerly boundary of the said NE 1/4

which is

991.2 feet E. of the SW corner of said

NE 1/4

thence easterly along the S. line of the

NE 1/4, a

distance of 807.3 feet to a point, thence

N. 0 degree 7 second

W., 768.8 feet to a point, thence E.

124.0 feet

to a point, thence northerly

0 degree 14 second W., 1,067.6

feet to a point, thence E. 130 feet to a

point,

thence northerly 0 degree 20 second W.,

405.2 feet to a point,

thence northerly 63 degree 10 second W.,

506.0 feet to a

point, thence northerly 90 degree 15 second

W., 562.9 feet to

a point on the northerly boundary of

the said

NE 1/4, thence easterly along the said

northerly

boundary of the said NE 1/4, 116.6 feet

to the

true point of the beginning containing

53.89

acres. All as more particularly

described and

set forth in that survey executed by

Thomas A.

Yowell, Land Surveyor on June ...


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