Arizona v. California, 439 U.S. 419 (1963)

U.S. Supreme Court

Arizona v. California, 439 U.S. 419 (1979) Arizona v. California

No. 8, Orig.

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

�439 U.S. 419

ON JOINT MOTION FOR ENTRY OF SUPPLEMENTAL DECREE

AND MOTIONS FOR LEAVE TO INTERVENE

Joint motion for entry of a supplemental decree is granted and a supplemental decree is entered; motions to intervene denied in part and otherwise referred to Special Master.

Opinion reported: 373 U. S. 373 U.S. 546; decree reported: 376 U. S. 376 U.S. 340; amended decree reported: 383 U. S. 383 U.S. 28.

Page 439 U. S. 420

PER CURIAM AND SUPPLEMENTAL DECREE.

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. 376 U.S. 340, and amended on February 28, 1966, at 383 U. S. 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

Page 439 U. S. 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

Page 439 U. S. 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

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

Page 439 U. S. 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:

bwm:

Annual

Diversions Net Priority

Defined Area of Land (acre-feet) [Footnote 1] Acres [Footnote 1] Date

-------------------- ----------------- ----------- --------------

1) Cocopah Ind. Res. 2,744 431 Sept. 27, 1917

2) Colorado River Ind. 358,400 53,768 Mar. 3, 1865

Reservation 252,016 37,808 Nov. 22, 1873

51,986 7,799 Nov. 16, 1874

3) Fort Mojave Ind. Res. 27,969 4,327 Sept. 18, 1890

68,447 10,589 Feb. 2, 1911

ewm:

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

Page 439 U. S. 424

43,562 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:

bwm:

Annual

Diversions Priority

Defined Area of Land (acre-feet) Date

-------------------- ----------- --------

7)

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

Lots 15, 16, 17 and 18, and the SW1/4 of the

SE1/4, Sec. 30 T.16S., R.22E., San Bernardino

Base and Meridian, Yuma County, Arizona.

(Powers) [Footnote 2]

8)

Lots 11, 12, 13, 19, 20, 22 and S1/2 of SW1/4, 1,140 1915

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

and Meridian, Yuma County, Arizona. (United

States) [Footnote 3]

Page 439 U. S. 425

9)

60 acres within Lot 2, Sec. 15 and Lots 1 and 2, 360 1910

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

(Graham) [Footnote 2]

10) 180 acres within the N1/2 of the S1/2 and 1,080 1902

the S1/2 of the N1/2 of Sec. 13 and the SW1/4

of the NE1/4 of Sec. 14, T.18N., R.22W., G&SRBM.

(Hulet) [Footnote 2]

11)

45 acres within the NE1/4 of the SW1/4, the )

SW1/4 of the SW1/4 and the SE1/4 of the )

SW1/4 of Sec. 11, T.18N., R.22W., G&SRBM. )

80 acres within the N1/2 of the SW1/4 of Sec. )

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

10 acres within the NW1/4 of the NE1/4 of the )

NE1/4 of Sec. 15, T.18N., R.22W., G&SRBM. )

40 acres within the SE1/4 of the SE1/4 of )

Sec. 15, T.18N., R.22W., G&SRBM.(Hurschler) [Footnote 2])

12) 40 acres within Sec. 13, T.17N., R.22W., 240 1902

G&SRBM. (Miller) [Footnote 2]

13) 120 acres within Sec. 27, T.18N., R.21W., )

G&SRBM. )

15 acres within the NW1/4 of the NW1/4, Sec. ) 810 1902

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

and Granite Reef Farms) [Footnote 4] )

14) 180 acres within the NW1/4 of the NE1/4, the 1,080 1902

SW1/4 of the NE1/4, the NE1/4 of the SW1/4, the

NW1/4 of the SE1/4, the NE1/4 of the SE1/4, and

the SW1/4 of the SE1/4, and the SE1/4 of the

SE1/4, Sec. 31, T.18N., R.21W., G&SRBM.

(Sherrill & Lafollette)

Page 439 U. S. 426

15) 53.89 acres as follows: 318 1928

Beginning at a point 995.1 feet easterly of the

NW corner of the NE1/4 of Sec. 10, T.8S., R.22W.,

Cila and Salt River Base and Meridian; on the

northerly boundary of the said NE1/4, which is

the true point of beginning, then in a southerly

direction to a point on the southerly boundary

of the said NE1/4 which is 991.2 feet E. of the

SW corner of said NE1/4 thence easterly along

the S. line of the NE1/4, a distance of 807.3

feet to a point, thence N. 0�7' W., 768.8 feet

to a point, thence E. 124.0 feet to a point,

thence northerly 0�14' W., 1,067.6 feet to a

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

northerly 0�20' W., 405.2 feet to a point,

thence northerly 63�10' W., 506.0 feet to a

point, thence northerly 90�15' W., 562.9 feet

to a point on the northerly boundary of the said

NE1/4, thence easterly along the said northerly

boundary of the said NE1/4, 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 24, 1969.

(Molina) [Footnote 4]

16)

60 acres within the NW1/4 of the NW1/4 and the )

north half of the SW1/4 of the NW1/4 of Sec. 14, )

T.8S., R.22W., G&SRBM. ) 780 1925

70 acres within the S1/2 of the SW1/4 of the )

SW1/4, and the W1/2 of the SW1/4, Sec. 14, )

T.8S., R.22W., G&SRBM. (Sturges) [Footnote 4] )

17) 120 acres within the N1/2 NE1/4, NE1/4 720 1912

NW1/4, Section 23, T.18N., R.22W., G&SRBM.

(Zozaya) [Footnote 4]

Page 439 U. S. 427

18)

40 acres in the W1/2 of the NE1/4 of Section 960 1902

30, and 60 acres m the W1/2 of the SE1/4 of

Section 30, and 60 acres in the E1/2 of the

NW1/4 of Section 31, comprising a total of 160

acres all in Township 18 North, Range 21 West

of the G&SRBM. (Swan) [Footnote 4]

19)

7 acres in the East 300 feet of the W1/2 of 42 1900

Lot 1 (Lot 1, being the SE1/4 SE1/4, 40 acres

more or less), Section 28, Township 16 South,

Range 22 East, San Bernardino Meridian, lying

North of U.S. Bureau of Reclamation levee right

of way. EXCEPT that portion conveyed to the

United States of America by instrument recorded

in Docket 417, page 150 EXCEPTING any portion

of the East 300 feet of W1/2 of Lot 1 within

the natural bed of the Colorado River below the

line of ordinary high water and also EXCEPTING

any artificial accretions waterward of said line

of ordinary high water, all of which comprises

approximately seven (7) acres.

(Milton and Jean Phillips) [Footnote 4]

ewm:

2. The following miscellaneous present perfected rights in Arizona in annual quantities of water not to exceed the listed number of acre-feet of (i) diversions from the mainstream or (ii) the quantity of mainstream water necessary to supply the consumptive use, whichever of (i) or (ii) is less, for domestic, municipal, and industrial purposes within the boundaries of the land described and with the priority dates listed:

bwm:

Annual

Annual Consumptive

Diversions Use Priority

Defined Area of Land (acre-feet) (acre-feet) Date

-------------------- ----------- ----------- --------

20) City of Parker [Footnote 2] 630 400 1905

21) City of Yuma [Footnote 2] 2,333 1,478 1893

Page 439 U. S. 428

ewm:

II CALIFORNIA

A. Federal Establishments' Present Perfected Rights

The federal establishments named in Art. II, subdivision (D), paragraphs (1), (3), (4), and (5) of the Decree entered March 9, 1964, in this case such rights having been decreed by Art. II:

bwm:

Annual

Diversions Net Priority

Defined Area of Land (acre-feet) [Footnote 5] Acres [Footnote 5] Date

-------------------- ----------------- ----------- --------

22) Chemehuevi Ind. Res. 11,340 1,900 Feb. 2, 1907

23) Yuma Ind. Res. 51,616 7,743 Jan. 9, 1884

24) Colorado Riv. Ind. Res. 10,745 1,612 Nov. 22, 1873

40,241 6,037 Nov. 16, 1874

3,760 564 May 15, 1876

25) Ft. Mojave Ind. Res. 13,698 2,119 Sept. 18, 1890

ewm:

B. Water Districts' and Projects' Present Perfected Rights

"26)"

"The Palo Verde Irrigation District in annual quantities not to exceed (i) 219,780 acre-feet of diversions from the

Page 439 U. S. 429

mainstream or (ii) the quantity of mainstream water necessary to supply the consumptive use required for irrigation of 33,604 acres and for the satisfaction of related uses, whichever of (i) or (ii) is less, with a priority date of 1877."

"27)"

"The Imperial Irrigation District in annual quantities not to exceed (i) 2,600,000 acre-feet of diversions from the mainstream or (ii) the quantity of mainstream water necessary to supply the consumptive use required for irrigation of 424,145 acres and for the satisfaction of related uses, whichever of (i) or (ii) is less, with a priority date of 1901."

"28)"

"The Reservation Division, Yuma Project, California (non-Indian portion) in annual quantities not to exceed (i) 38,270 acre-feet of diversions from the mainstream or (ii) the quantity of mainstream water necessary to supply the consumptive use required for irrigation of 6,294 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 California in annual quantities of water not to exceed the listed number of acre-feet of diversions 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:

bwm:

Annual

Diversions Priority

Defined Area of Land (acre-feet) Date

-------------------- ----------- --------

29)

130 acres within Lots 1, 2,and 3, SE1/4 of 780 1856

NE1/4 of Section 27, T.16S., R.22E., S.B.B.

& M. (Wavers) [Footnote 6]

Page 439 U. S. 430

30)

40 acres within W1/2, W1/2 of E1/2 of 240 1923

Section 1, T.9N., R.22E., S.B.B. & M.

(Stephenson) [Footnote 6]

31)

20 acres within Lots 1 and 2, Sec.19, T.13S., 120 1893

R.23E., and Lots 2, 3, and 4 of Sec. 24, T.13S.,

R.22E., S.B.B. & M. (Mendivil) [Footnote 6]

32)

30 acres within NW1/4 of SE1/4, S1/2 of SE1/4, 180 1928

Sec. 24, and NW1/4 of NE1/4, Sec. 25, all in

T.9S., R.21E., S.B.B. & M. (Grannis) [Footnote 6]

33)

25 acres within Lot 6, Sec. 5; and Lots 1 and 2, 150 1913

SW1/4 of NE1/4, and NE1/4 of SE1/4 of Sec. 8,

and Lots 1 & 2 of Sec. 9, 11 in T.13S., R.22E.,

S.B.B. & M. (Morgan) [Footnote 6]

34)

18 acres within E1/2 of NW1/4 and W1/2 of 108 1918

NE1/4 of Sec. 14, T.10S., R.21E., S.B.B. & M.

(Milpitas) [Footnote 6]

35)

10 acres within N1/2 of NE1/4, SE1/4 of NE1/4, 60 1889

and NE1/4 of SE1/4, Sec. 30, T.9N., R.23E.,

S.B.B. & M. (Simons) [Footnote 6]

36)

16 acres within E1/2 of NW1/4 and N1/2 of 96 1921

SW1/4, Sec. 12, T.9N., R.22E., S.B.B. & M.

(Colo R. Sportsmen's League) [Footnote 6]

37)

11.5 acres within E1/2 of NW1/4, Sec. 1, T.10S., 69 1914

R.21E., S.B.B. & M. (Milpitis) [Footnote 6]

38)

11 acres within S1/2 of SW1/4, Sec. 12, T.9N., 66 1921

R.22E., S.B.B. & M. (Andrade) [Footnote 6]

39)

6 acres within Lots 2, 3, and 7 and NE1/4 of 36 1904

SW1/4, Sec.19, T.9N., R.23E., S.B.B. & M.

(Reynolds) [Footnote 6]

Page 439 U. S. 431

40)

10 acres within N1/2 of NE1/4, SE1/4 of NE1/4 60 1905

and NE1/4 of SE1/4, Sec. 24, T.9N., R.22E.,

S.B.B. & M. (Cooper) [Footnote 6]

41)

20 acres within SW1/4 of SW1/4 (Lot 8), Sec.19, 120 1925

T.9N., R.23E., S.B.B. & M. (Chagnon) [Footnote 7]

42) 20 acres within NE1/4 of SW1/4, N1/2 of SE1/4, 120 1915

SE1/4 of SE1/4, Sec. 14, T.9S., R.21E.,

S.B.B. & M. (Lawrence) [Footnote 7]

ewm:

2. The following miscellaneous present perfected rights in California in annual quantities of water not to exceed the listed number of acre-feet of (i) diversions from the mainstream or (ii) the quantity of mainstream water necessary to supply the consumptive use, whichever of (i) or (ii) is less, for domestic, municipal, and industrial purposes within the boundaries of the land described and with the priority dates listed:

bwm:

Annual

Annual Consumptive

Diversions Use Priority

Defined Area of Land (acre-feet) (acre-feet) Date

-------------------- ----------- ----------- ---------

43)

City of Needless 1,500 950 1885

44)

Portions of: Secs. 5, 6, 7 & 8, T.7N., 1,260 273 1896

R.24E.; Sec. 1, T.7N., R.23E.; Secs. 4,

5, 9, 10, 15, 22, 23, 25, 26, 35, & 36,

T.8N., R.23E.; Secs.19, 29, 30, 32 & 33,

T.9N., R.23E., S.B.B. & M. (Atchison,

Topeka and Santa Fe Railway Co) [Footnote 6]

45)

Lots 1, 2, 3, 4, 5, & SW1/4 NW1/4 of 1.0 0.6 1921

Sec. 5, T.13S., R.22E., S.B.B. & M.

(Conger) [Footnote 7]

Page 439 U. S. 432

Lots 1, 2, 3, 4 of Sec. 32, T.11S., R.22E., 1.0 0.6 1923

S.B.B. & M. (G. Draper) [Footnote 7]

47)

Lots 1, 2, 3, 4, and SE1/4 SW1/4 of Sec. 1.0 0.6 1919

20, T.11S., R.22E., S.B.B. & M.

(McDonough) [Footnote 7]

48)

SW1/4 of Sec. 25, T.8S., R.22E., S.B.B. 1.0 0.6 1925

& M. (Faubion) [Footnote 7]

49)

W1/2 NW1/4 of Sec. 12, T.9N., R.22E., 1.0 0.6 1922

S.B.B. & M. (Dudley) [Footnote 7]

50)

N1/2 SE1/4 and Lots 1 and 2 of Sec. 13, 1.0 0.6 1916

T.8S., R.22E., S.B.B. & M. (Douglas) [Footnote 7]

51)

N1/2 SW1/4, NW1/4 SE1/4, Lots 6 and 7, 1.0 0.6 1924

Sec. 5, T.9S., R.22E., S.B.B. & M.

(Beauchamp) [Footnote 7]

52)

NE1/4 SE1/4, SE1/4 NE1/4, and Lot 1, 1.0 0.6 1916

Sec. 26, T.8S., R.22E., S.B.B. & M.

(Clark) [Footnote 7]

53)

N1/2 SW1/4, NW1/4 SE1/4, SW1/4 NE1/4, 1.0 0.6 1915

Sec. 13, T.9S., R.21E., S.B.B. & M.

(Lawrence) [Footnote 7]

54)

N1/2 NE1/4, E1/2 NW1/4, Sec. 13, T.9S., 1.0 0.6 1914

R.21E., S.B.B. & M. (J. Graham) [Footnote 7]

55)

SE1/4, Sec. 1, T.9S., R.21E., S.B.B. & M. 1.0 0.6 1910

(Geiger) [Footnote 7]

Page 439 U. S. 433

56)

Fractional W1/2 of SW1/4 (Lot 6) Sec. 1.0 0.6 1917

6, T.9S., R.22E., S.B.B. & M.

(Schneider) [Footnote 7]

57)

Lot 1, Sec. 15; Lots 1 & 2, Sec. 14; 1.0 0.6 1895

Lots 1 & 2, Sec. 23; all in T.13S.,

R.22E., S.B.B. & M. (Martinez) [Footnote 7]

58)

NE1/4, Sec. 22, T.9S., R.21E., S.B.B. & 1.0 0.6 1925

M. (Earle) [Footnote 7]

59)

NE1/4 SE1/4, Sec. 22, T.9S., R.21E., 1.0 0.6 1928

S.B.B. & M. (Diehl) [Footnote 7]

60)

N1/2 NW1/4, N1/2 NE1/4, Sec. 23, T.9S., 1.0 0.6 1912

R.21E., S.B.B. & M. (Reid) [Footnote 7]

61)

W1/2 SW1/4, Sec. 23, T.9S., R.21E., 1.0 0.6 1916

S.B.B. & M. (Graham) [Footnote 7]

62)

S1/2 NW1/4, NE1/4 SW1/4, SW1/4 NE1/4, 1.0 0.6 1919

Sec. 23, T.9S., R.21E., S.B.B. & M.

(Cate) [Footnote 7]

63) SE1/4 NE1/4, N1/2 SE1/4, SE1/4 SE1/4, 1.0 0.6 1924

Sec. 23, T.9S., R.21E., S.B.B. & M.

(McGee) [Footnote 7]

64)

SW1/4 SE1/4, SE1/4 SW1/4, Sec. 23, NE1/4 1.0 0.6 1924

NW1/4, NW1/4 NE1/4, Sec. 26; all in T.9S.,

R.21E., S.B.B. & M. (Stallard) [Footnote 7]

65)

W1/2 SE1/4, SE1/4 SE1/4, Sec. 26, T.9S., 1.0 0.6 1926

R.21E., S.B.B. & M. (Randolph) 7

Page 439 U. S. 434

66)

E1/2 NE1/4, SW1/4 NE1/4, SE1/4 NW1/4, 1.0 0.6 1928

Sec. 26, T.9S., R.21E., S.B.B. & M.

(Stallard) [Footnote 7]

67)

S1/2 SW1/4, Sec. 13, N1/2 NW1/4, Sec. 1.0 0.6 1926

24; all in T.9S., R.21E., S.B.B. & M.

(Keefe) [Footnote 7]

68)

SE1/4 NW1/4, NW1/4 SE1/4, Lots 2, 3 & 1.0 0.6 1903

4, Sec. 25, T.13S., R.23E., S.B.B. & M.

(C. Ferguson) [Footnote 7]

69)

Lots 4 & 7, Sec. 6; Lots 1 & 2, Sec. 7; 1.0 0.6 1903

all in T.14S., R.24E., S.B.B. & M.

(W. Ferguson) [Footnote 7]

70)

SW1/4 SE1/4, Lots 2, 3, and 4, Sec. 24, 1.0 0.6 1920

T.12S., R.21E., Lot 2, Sec.19, T.12S.,

R.22E., S.B.B. & M. (Vaulin) [Footnote 7]

71)

Lots 1, 2, 3 and 4, Sec. 25, T.12S., 1.0 0.6 1920

R.21E., S.B.B. & M. (Salisbury) [Footnote 7]

72)

Lots 2, 3, SE1/4 SE1/4, Sec. 15, NE1/4 1.0 0.6 1924

NE1/4, Sec. 22; all in T.13S., R.22E.,

S.B.B. & M. (Hadlock) [Footnote 7]

73)

SW1/4 NE1/4, SE1/4 NW1/4, and Lots 7 1.0 0.6 1903

& 8, Sec. 6, T.9S., R.22E., S.B.B. & M.

(Streeter) [Footnote 7]

74)

Lot 4, Sec. 5; Lots 1 & 2, Sec. 7; 1.0 0.6 1903

Lots 1 & 2, Sec. 8; Lot 1, Sec. 18; all

in T.12S., R.22E., S.B.B. & M. (J.

Draper) [Footnote 7]

Page 439 U. S. 435

75)

SW1/4 NW1/4, Sec. 5; SE1/4 NE1/4 and 1.0 0.6 1912

Lot 9, Sec. 6; all in T.9S., R.22E.,

S.B.B. & M. (Fitz) [Footnote 7]

76)

NW1/4 NE1/4, Sec. 26; Lots 2 & 3, 1.0 0.6 1909

W1/2 SE1/4, Sec. 23; all in T.8S.,

R.22E., S.B.B. & M. (Williams) [Footnote 7]

77) Lots 1, 2, 3, 4, & 5, Sec. 25, T.8S., 1.0 0.6 1928

R.22E., S.B.B. & M. (Estrada) [Footnote 7]

78)

S1/2 NW1/4, Lot 1, frac. NE1/4 SW1/4, 1.0 0.6 1925

Sec. 25, T.9S., R.21E., S.B.B. & M.

(Whittle) [Footnote 7]

79)

N1/2 NW1/4, Sec. 25; S1/2 SW1/4, Sec. 1.0 0.6 1928

24; all in T.9S., R.21E., S.B.B. & M.

(Corington) [Footnote 7]

80)

S1/2 NW1/4, N1/2 SW1/4, Sec. 24, T.9S., 1.0 0.6 1928

R.21E., S.B.B. & M. (Tolliver) [Footnote 7]

ewm:

III NEVADA

A. Federal Establishments' Present Perfected Rights

The federal establishments named in Art II, subdivision (D), paragraphs (5) and (6) of the Decree entered on

Page 439 U. S. 436

March 9, 164, in this case, such rights having been decreed by Art. II:

bwm:

Annual

Diversions Net Priority

Defined Area of Land (acre-feet) Acres Date

-------------------- ----------- ----- ------------

81)

Fort Mojave Ind. Res. 12,534 [Footnote 8] l,939 [Footnote 8] Sept. 18, 1890

82)

Lake Mead National 500 300 [Footnote 9] May 3, 1929 [Footnote 10]

Area (The Overton Area of

Lake Mead N.R.A. provided

in Executive Order 5105)

ewm:

It is ordered that Judge Elbert P. Tuttle be appointed Special Master in this case with authority to fix the time and conditions for the filing of additional pleadings and to direct subsequent proceedings, and with authority to summon witnesses, issue subpoenas, and take such evidence as may be introduced and such as he may deem necessary to call for. The Master is directed to submit such reports as he may deem appropriate.

The Master shall be allowed his actual expenses. The allowances to him, the compensation paid to his technical, stenographic, and clerical assistants, the cost of printing his report, and all other proper expenses shall be charged against and borne by the parties in such proportion as the Court may hereafter direct.

It is further ordered that, if the position of Special Master in this case becomes vacant during a recess of the Court, THE

Page 439 U. S. 437

CHIEF JUSTICE shall have authority to make a new designation which shall have the same effect as if originally made by the Court.

It is further ordered that the motion of Fort Mojave Indian Tribe et al. for leave to intervene, insofar as it seeks intervention to oppose entry of the supplemental decree, is denied. In all other respects, this motion and the motion of Colorado River Indian Tribes et al. for leave to intervene are referred to the Special Master.

MR. JUSTICE MARSHALL took no part in the consideration or decision of this case.

[Footnote 1]

The quantity of water in each instance is measured by (i) diversions or (ii) consumptive use required for irrigation of the respective acreage and for the satisfaction of related uses, whichever of (i) or (ii) is less.

[Footnote 2]

The names in parentheses following the description of the "Defined Area of Land" are used for identification of present perfected rights only; the name used is the first name appearing as the Claimants identified with a parcel in Arizona's 1967 list submitted to this Court.

[Footnote 3]

Included as a part of the Powers' claim in Arizona's 1967 list submitted to this Court. Subsequently, the United States and Powers agreed to a Stipulation of Settlement on land ownership whereby title to this property was quieted in favor of the United States.

[Footnote 4]

The names in parentheses following the description of the "Defined Area of Land" are the names of claimants, added since the 1967 list, upon whose water use these present perfected rights are predicated.

[Footnote 5]

The quantity of water in each instance is measured by (i) diversions or (ii) consumptive use required for irrigation of the respective acreage and for satisfaction of related uses, whichever of (i) or (ii) is less.

[Footnote 6]

The names in parentheses following the description of the "Defined Area of Land" are used for identification of present perfected rights only; the name used is the first name appearing as the claimant identified with a parcel in California's 1967 list submitted to this Court.

[Footnote 7]

The names in parentheses following the description of the "Defined Area of Land" are the names of the homesteaders upon whose water use these present perfected rights, added since the 1967 list submitted to this Court, are predicated.

[Footnote 8]

The quantity of water in each instance is measured by (i) diversions or (ii) consumptive use required for irrigation of the respective acreage and for satisfaction of related uses, whichever of (i) or (ii) is less.

[Footnote 9]

Refers to acre-feet of annual consumptive use, not to net acres.

[Footnote 10]

Article II(D)(6) of said Decree specifies a priority date of March 3, 1929. Executive Order 5105 is dated May 3, 1929 (see C.F.R.1964 Cumulative Pocket Supplement, p. 276, and the Findings of Fact and Conclusions of Law of the Special Master's Report in this case, pp. 294-295).