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).
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