Cite as: 547 U. S. ____ (2006) 1 

Decree 

SUPREME COURT OF THE UNITED STATES 

STATE OF ARIZONA v. STATE OF CALIFORNIA 

ON BILL OF COMPLAINT 

No. 8, Orig. Decree entered March 27, 2006 

The final settlement agreements are approved, the joint 

motion for entry of decree is granted, and the proposed 

consolidated decree is entered. Frank J. McGarr, Esq., of 

Downers Grove, Illinois, the Special Master in this case, is 

hereby discharged with the thanks of the Court. 

CONSOLIDATED DECREE 

On January 19, 1953, the Court granted the State of 

Arizona leave to file a bill of complaint against the State of 

California and seven of its public agencies, Palo Verde

Irrigation District, Imperial Irrigation District, Coachella 

Valley County Water District, Metropolitan Water District 

of Southern California, City of Los Angeles, City of San

Diego and County of San Diego. 344 U. S. 919. The 

United States and the State of Nevada intervened. 344 

U. S. 919 (1953) (intervention by the United States); 347

U. S. 985 (1954) (intervention by Nevada). The State of 

New Mexico and the State of Utah were joined as parties. 

350 U. S. 114, 115 (1955). The Court referred the case to 

George I. Haight, Esquire, and upon his death to Simon H. 

Rifkind, Esquire, as Special Master. 347 U. S. 986 (1954); 

350 U. S. 812 (1955). On January 16, 1961, the Court

received and ordered filed the report of Special Master 

Rifkind. 364 U. S. 940. On June 3, 1963, the Court filed 

an opinion in the case, 373 U. S. 546, and on March 9, 

1964, the Court entered a decree in the case. 376 U. S. 

340. 

On February 28, 1966, the Court granted the joint motion of the parties to amend Article VI of the decree, and 
2 ARIZONA v. CALIFORNIA 

Decree 

so amended Article VI to extend the time for submission of 

lists of present perfected rights. 383 U. S. 268. 

On January 9, 1979, the Court filed an opinion granting 

the joint motion for entry of a supplemental decree, entered a supplemental decree, denied in part the motion to 

intervene of the Fort Mojave Indian Tribe, and otherwise 

referred the case and the motions to intervene of the Fort 

Mojave Indian Tribe and the Colorado River Indian 

Tribes, et al., to Judge Elbert Tuttle as Special Master. 

439 U. S. 419, 437. On April 5, 1982, the Court received

and ordered filed the report of Special Master Tuttle. 456 

U. S. 912. On March 30, 1983, the Court filed an opinion 

rendering a decision on the several exceptions to the report of the Special Master, approving the recommendation

that the Fort Mojave Indian Tribe, the Chemehuevi Indian 

Tribe, the Colorado River Indian Tribes, the Quechan 

Tribe, and the Cocopah Indian Tribe be permitted to intervene, and approving some of his further recommendations 

and disapproving others, 460 U. S. 605, 609, 615. On 

April 16, 1984, the Court entered a second supplemental 

decree implementing that decision. 466 U. S. 144. 

On October 10, 1989, the Court granted the motion of 

the state parties to reopen the decree to determine the

disputed boundary claims with respect to the Fort Mojave, 

Colorado River, and Fort Yuma Indian reservations. 493 

U. S. 886. The case was referred to Robert B. McKay, 

Esquire, and upon his death to Frank McGarr, Esquire, as 

Special Master. 493 U. S. 971 (1989); 498 U. S. 964 (1990). 

On October 4, 1999, the Court received and ordered filed 

the report of Special Master McGarr. 528 U. S. 803. On 

June 19, 2000, the Court filed an opinion rendering a 

decision on the several exceptions to the report of the 

Special Master, approving the settlements of the parties 

with respect to the Fort Mojave and Colorado River Indian 

Reservations and remanding the case to the Special Master with respect to the Fort Yuma Indian Reservation. 530 
Cite as: 547 U. S. ____ (2006) 3 

Decree 

U. S. 392, 418, 419–420. On October 10, 2000, the Court 

entered a supplemental decree. 531 U. S. 1. 

On June 14, 2005, Special Master McGarr submitted his

report recommending approval of the settlements of the 

federal reserved water rights claim with respect to the 

Fort Yuma Indian Reservation and a proposed supplemental decree to implement those settlements. 

The State of Arizona, the State of California, The Metropolitan Water District of Southern California, Coachella 

Valley Water District, the United States, and the Quechan 

Tribe, at the direction of the Court, have filed a joint 

motion to enter a consolidated decree. 

This decree consolidates the substantive provisions of 

the decrees previously entered in this action at 376 U. S. 

340 (1964), 383 U. S. 268 (1966), 439 U. S. 419 (1979), 

466 U. S. 144 (1984), and 531 U. S. 1 (2000), implements 

the settlements of the federal reserved water rights claim 

for the Fort Yuma Indian Reservation, which the Court 

has approved this date, and reflects changes in the names 

of certain parties and Indian Reservations. This decree is 

entered in order to provide a single convenient reference to 

ascertain the rights and obligations of the parties adjudicated in this original proceeding, and reflects only the

incremental changes in the original 1964 decree by subsequent decrees and the settlements of the federal reserved 

water rights claim for the Fort Yuma Indian Reservation. 

 Accordingly, 

IT IS ORDERED, ADJUDGED, AND DECREED 

Except where the text of this decree differs from the 

previous decrees, this decree does not vacate the previous 

decrees nor alter any of their substantive provisions, and 

all mandates, injunctions, obligations, privileges, and 

requirements of this decree are deemed to remain effective 

as of the date of their respective entry in the prior decrees. 

Entry of this decree shall not affect the validity or effect 
4 ARIZONA v. CALIFORNIA 

Decree 

of, nor affect any right or obligation under, any existing 

statute, regulation, policy, administrative order, contract, 

or judicial decision or judgment in other actions that 

references any of the previous decrees, and any such reference shall be construed as a reference to the congruent 

provisions of this decree. 

I. For purposes of this decree: 

(A) “Consumptive use” means diversions from the 

stream less such return flow thereto as is available for 

consumptive use in the United States or in satisfaction of 

the Mexican Treaty obligation; 

(B) “Mainstream” means the mainstream of the Colorado River downstream from Lee Ferry within the United 

States, including the reservoirs thereon;

(C) Consumptive use from the mainstream within a 

State shall include all consumptive uses of water of the 

mainstream, including water drawn from the mainstream 

by underground pumping, and including, but not limited 

to, consumptive uses made by persons, by agencies of that

State, and by the United States for the benefit of Indian 

reservations and other federal establishments within the 

State; 

(D) “Regulatory structures controlled by the United 

States” refers to Hoover Dam, Davis Dam, Parker Dam, 

Headgate Rock Dam, Palo Verde Dam, Imperial Dam, 

Laguna Dam and all other dams and works on the mainstream now or hereafter controlled or operated by the 

United States which regulate the flow of water in the 

mainstream or the diversion of water from the mainstream; 

(E) “Water controlled by the United States” refers to the 

water in Lake Mead, Lake Mohave, Lake Havasu and all 

other water in the mainstream below Lee Ferry and 

within the United States; 

(F) “Tributaries” means all stream systems the waters 
Cite as: 547 U. S. ____ (2006) 5 

Decree 

of which naturally drain into the mainstream of the Colorado River below Lee Ferry; 

(G) “Perfected right” means a water right acquired in 

accordance with state law, which right has been exercised 

by the actual diversion of a specific quantity of water that 

has been applied to a defined area of land or to definite 

municipal or industrial works, and in addition shall include 

water rights created by the reservation of mainstream water 

for the use of federal establishments under federal law 

whether or not the water has been applied to beneficial use; 

(H) “Present perfected rights” means perfected rights, 

as here defined, existing as of June 25, 1929, the effective 

date of the Boulder Canyon Project Act; 

(I) “Domestic use” shall include the use of water for 

household, stock, municipal, mining, milling, industrial, 

and other like purposes, but shall exclude the generation 

of electrical power;

(J) “Annual” and “Year,” except where the context may 

otherwise require, refer to calendar years; 

(K) Consumptive use of water diverted in one State for 

consumptive use in another State shall be treated as if 

diverted in the State for whose benefit it is consumed. 

II. The United States, its officers, attorneys, agents and 

employees be and they are hereby severally enjoined: 

(A) From operating regulatory structures controlled by 

the United States and from releasing water controlled by 

the United States other than in accordance with the following order of priority: 

(1) For river regulation, improvement of navigation, and flood control; 

(2) For irrigation and domestic uses, including the

satisfaction of present perfected rights; and 

(3) For power; 

Provided, however, that the United States may release water in satisfaction of its obligations to the 
6 ARIZONA v. CALIFORNIA 

Decree 

United States of Mexico under the Treaty dated February 3, 1944, without regard to the priorities specified in this subdivision (A); 

(B) From releasing water controlled by the United 

States for irrigation and domestic use in the States of 

Arizona, California and Nevada, except as follows: 

(1) If sufficient mainstream water is available for 

release, as determined by the Secretary of the Interior, to satisfy 7,500,000 acre-feet of annual consumptive use in the aforesaid three States, then of such 

7,500,000 acre-feet of consumptive use, there shall be 

apportioned 2,800,000 acre-feet for use in Arizona, 

4,400,000 acre-feet for use in California, and 300,000 

acre-feet for use in Nevada; 

(2) If sufficient mainstream water is available for 

release, as determined by the Secretary of the Interior, to satisfy annual consumptive use in the aforesaid States in excess of 7,500,000 acre-feet, such excess consumptive use is surplus, and 50% thereof 

shall be apportioned for use in Arizona and 50% for 

use in California; provided, however, that if the 

United States so contracts with Nevada, then 46% of 

such surplus shall be apportioned for use in Arizona 

and 4% for use in Nevada; 

(3) If insufficient mainstream water is available for 

release, as determined by the Secretary of the Interior, to satisfy annual consumptive use of 7,500,000 

acre-feet in the aforesaid three States, then the Secretary of the Interior, after providing for satisfaction of 

present perfected rights in the order of their priority 

dates without regard to state lines and after consultation with the parties to major delivery contracts and 

such representatives as the respective States may 

designate, may apportion the amount remaining 

available for consumptive use in such manner as is 
Cite as: 547 U. S. ____ (2006) 7 

Decree 

consistent with the Boulder Canyon Project Act as interpreted by the opinion of this Court herein, and 

with other applicable federal statutes, but in no event 

shall more than 4,400,000 acre-feet be apportioned for 

use in California including all present perfected 

rights;

(4) Any mainstream water consumptively used 

within a State shall be charged to its apportionment, 

regardless of the purpose for which it was released;

(5) Notwithstanding the provisions of Paragraphs 

(1) through (4) of this subdivision (B), mainstream 

water shall be released or delivered to water users 

(including but not limited to public and municipal 

corporations and other public agencies) in Arizona, 

California, and Nevada only pursuant to valid contracts therefor made with such users by the Secretary 

of the Interior, pursuant to Section 5 of the Boulder 

Canyon Project Act or any other applicable federal 

statute; 

(6) If, in any one year, water apportioned for consumptive use in a State will not be consumed 

in that State, whether for the reason that delivery 

contracts for the full amount of the State’s apportionment are not in effect or that users cannot apply all of

such water to beneficial uses, or for any other reason, 

nothing in this decree shall be construed as prohibiting the Secretary of the Interior from releasing such 

apportioned but unused water during such year for 

consumptive use in the other States. No rights to the 

recurrent use of such water shall accrue by reason of 

the use thereof; 

(C) From applying the provisions of Article 7(d) of the 

Arizona water delivery contract dated February 9, 1944, 

and the provisions of Article 5(a) of the Nevada water 

delivery contract dated March 30, 1942, as amended by 
8 ARIZONA v. CALIFORNIA 

Decree 

the contract dated January 3, 1944, to reduce the apportionment or delivery of mainstream water to users within 

the States of Arizona and Nevada by reason of any uses in 

such States from the tributaries flowing therein; 

(D) From releasing water controlled by the United 

States for use in the States of Arizona, California, and 

Nevada for the benefit of any federal establishment named 

in this subdivision (D) except in accordance with the allocations made herein; provided, however, that such release 

may be made notwithstanding the provisions of Paragraph 

(5) of subdivision (B) of this Article; and provided further 

that nothing herein shall prohibit the United States from 

making future additional reservations of mainstream 

water for use in any of such States as may be authorized by 

law and subject to present perfected rights and rights 

under contracts theretofore made with water users in such 

State under Section 5 of the Boulder Canyon Project Act or 

any other applicable federal statute: 

(1) The Chemehuevi Indian Reservation in annual 

quantities not to exceed (i) 11,340 acre-feet of diversions from the mainstream or (ii) the quantity of 

mainstream water necessary to supply the consumptive use required for irrigation of 1,900 acres and for 

the satisfaction of related uses, whichever of (i) or (ii) 

is less, with a priority date of February 2, 1907; 

(2) The Cocopah Indian Reservation in annual 

quantities not to exceed (i) 9,707 acre-feet of diversions from the mainstream or (ii) the quantity of 

mainstream water necessary to supply the consumptive use required for irrigation of 1,524 acres and for 

the satisfaction of related uses, whichever of (i) or (ii)

is less, with priority dates of September 27, 1917, for 

lands reserved by the Executive Order of said date; 

June 24, 1974, for lands reserved by the Act of June 

24, 1974 (88 Stat. 266, 269); 
Cite as: 547 U. S. ____ (2006) 9 

Decree 

(3) The Fort Yuma Indian Reservation in annual 

quantities not to exceed (i) 77,966 acre-feet of diversions from the mainstream or (ii) the quantity of 

mainstream water necessary to supply the consumptive use required for irrigation of 11,694 acres and for

the satisfaction of related uses, whichever of (i) or (ii)

is less, with a priority date of January 9, 1884; 

(4) The Colorado River Indian Reservation in annual quantities not to exceed (i) 719,248 acre-feet of 

diversions from the mainstream or (ii) the quantity of 

mainstream water necessary to supply the consumptive use required for irrigation of 107,903 acres and 

for the satisfaction of related uses, whichever of (i) or

(ii) is less, with priority dates of March 3, 1865, for 

lands reserved by the Act of March 3, 1865 (13 Stat. 

541, 559); November 22, 1873, for lands reserved by 

the Executive Order of said date; November 16, 1874, 

for lands reserved by the Executive Order of said date, 

except as later modified; May 15, 1876, for lands reserved by the Executive Order of said date; November 

22, 1915, for lands reserved by the Executive Order of 

said date; 

(5) The Fort Mojave Indian Reservation in annual

quantities not to exceed (i) 132,789 acre-feet of diversions from the mainstream or (ii) the quantity of 

mainstream water necessary to supply the consumptive use required for irrigation of 20,544 acres and for

the satisfaction of related uses, whichever of (i) or (ii)

is less, with priority dates of September 19, 1890, for 

lands transferred by the Executive Order of said date; 

February 2, 1911, for lands reserved by the Executive

Order of said date. 

(6) The Lake Mead National Recreation Area in 

annual quantities reasonably necessary to fulfill the 

purposes of the Recreation Area, with priority dates of 

May 3, 1929, for lands reserved by the Executive Or-
10 ARIZONA v. CALIFORNIA 

Decree 

der of said date (No. 5105), and April 25, 1930, for 

lands reserved by the Executive Order of said date 

(No. 5339);

(7) The Havasu Lake National Wildlife Refuge in 

annual quantities reasonably necessary to fulfill the 

purposes of the Refuge, not to exceed (i) 41,839 acrefeet of water diverted from the mainstream or (ii) 

37,339 acre-feet of consumptive use of mainstream 

water, whichever of (i) or (ii) is less, with a priority 

date of January 22, 1941, for lands reserved by the 

Executive Order of said date (No. 8647), and a priority 

date of February 11, 1949, for land reserved by the 

Public Land Order of said date (No. 559); 

(8) The Imperial National Wildlife Refuge in annual quantities reasonably necessary to fulfill the 

purposes of the Refuge not to exceed (i) 28,000 acrefeet of water diverted from the mainstream or (ii) 

23,000 acre-feet of consumptive use of mainstream 

water, whichever of (i) or (ii) is less, with a priority 

date of February 14, 1941; 

(9) Boulder City, Nevada, as authorized by the Act 

of September 2, 1958, 72 Stat. 1726, with a priority 

date of May 15, 1931; 

Provided, further, that consumptive uses from the 

mainstream for the benefit of the above-named federal 

establishments shall, except as necessary to satisfy present perfected rights in the order of their priority dates 

without regard to state lines, be satisfied only out of 

water available, as provided in subdivision (B) of this 

Article, to each State wherein such uses occur and subject to, in the case of each reservation, such rights as 

have been created prior to the establishment of such 

reservation by contracts executed under Section 5 of the 

Boulder Canyon Project Act or any other applicable federal statute. 
Cite as: 547 U. S. ____ (2006) 11 

Decree 

III. The States of Arizona, California and Nevada, Palo 

Verde Irrigation District, Imperial Irrigation District, 

Coachella Valley Water District, The Metropolitan Water 

District of Southern California, City of Los Angeles, City 

of San Diego, and County of San Diego, and all other users 

of water from the mainstream in said States, their officers, 

attorneys, agents and employees, be and they are hereby 

severally enjoined: 

(A) From interfering with the management and operation, in conformity with Article II of this decree, of regulatory structures controlled by the United States; 

(B) From interfering with or purporting to authorize the 

interference with releases and deliveries, in conformity 

with Article II of this decree, of water controlled by the 

United States; 

(C) From diverting or purporting to authorize the diversion of water from the mainstream the diversion of which 

has not been authorized by the United States for use in

the respective States; provided, however, that no party 

named in this Article and no other user of water in said 

States shall divert or purport to authorize the diversion of 

water from the mainstream the diversion of which has not 

been authorized by the United States for its particular 

use; 

(D) From consuming or purporting to authorize the 

consumptive use of water from the mainstream in excess 

of the quantities permitted under Article II of this decree. 

IV. The State of New Mexico, its officers, attorneys, 

agents and employees, be and they are after March 9, 

1968, hereby severally enjoined: 

(A) From diverting or permitting the diversion of water 

from San Simon Creek, its tributaries and underground 

water sources for the irrigation of more than a total of 

2,900 acres during any one year, and from exceeding a

total consumptive use of such water, for whatever purpose, 
12 ARIZONA v. CALIFORNIA 

Decree 

of 72,000 acre-feet during any period of ten consecutive 

years; and from exceeding a total consumptive use of such 

water, for whatever purpose, of 8,220 acre-feet during any 

one year;

(B) From diverting or permitting the diversion of water 

from the San Francisco River, its tributaries and underground water sources for the irrigation within each of the 

following areas of more than the following number of acres 

during any one year: 

Luna Area ..................................................................225 

Apache Creek-Aragon Area.......................................316 

Reserve Area ..............................................................725 

Glenwood Area ........................................................1,003 

and from exceeding a total consumptive use of such water 

for whatever purpose, of 31,870 acre-feet during any period of ten consecutive years; and from exceeding a total 

consumptive use of such water, for whatever purpose, of 

4,112 acre-feet during any one year; 

(C) From diverting or permitting the diversion of water 

from the Gila River, its tributaries (exclusive of the San

Francisco River and San Simon Creek and their tributaries) and underground water sources for the irrigation 

within each of the following areas of more than the following number of acres during any one year: 

Upper Gila Area.........................................................287 

Cliff-Gila and Buckhorn-Duck Creek Area ...........5,314 

Red Rock Area.........................................................1,456 

and from exceeding a total consumptive use of such water 

(exclusive of uses in Virden Valley, New Mexico), for 

whatever purpose, of 136,620 acre-feet during any period 

of ten consecutive years; and from exceeding a total consumptive use of such water (exclusive of uses in Virden 

Valley, New Mexico), for whatever purpose, of 15,895 acrefeet during any one year; 
Cite as: 547 U. S. ____ (2006) 13 

Decree 

(D) From diverting or permitting the diversion of water 

from the Gila River and its underground water sources in 

the Virden Valley, New Mexico, except for use on lands

determined to have the right to the use of such water by 

the decree entered by the United States District Court for 

the District of Arizona on June 29, 1935, in United States 

v. Gila Valley Irrigation District et al. (Globe Equity No. 

59) (herein referred to as the Gila Decree), and except 

pursuant to and in accordance with the terms and provisions of the Gila Decree; provided, however, that: 

(1) This decree shall not enjoin the use of underground water on any of the following lands: 

Owner 

Subdivision and 

Legal Description Sec. Twp. Rng. Acreage 

Marvin Arnett and Part Lot 3 ............... 6 19S 21W 33.84 

J.C. O’Dell. Part Lot 4 ............... 6 19S 21W 52.33 

NW1/4 SW1/4 ............ 

SW1/4 SW1/4 ............. 

Part Lot 1 ............... 

5 

5 

7 

19S 

19S 

19S 

21W 

21W 

21W 

38.36 

39.80 

50.68 

Hyrum M. Pace, 

Ray Richardson, 

Harry Day and 

N. O. Pace, Est. 

C. C. Martin ........... 

A. E. Jacobson ........ 

W. LeRoss Jones .... 

Conrad and James 

R. Donaldson. 

James D. FreeNW1/4 NW1/4 ........... 

SW1/4 NE1/4 ............. 

SW1/4 NE1/4 ............. 

SE1/4 NE1/4 .............. 

S. part SE1/4 

SW1/4 SE1/4 .............. 

W1/2 W1/2 W1/2 

NE1/4 NE1/4 ............. 

NW1/4 NE1/4 4 ........... 

SW part Lot 1 ......... 

E. Central part: 

E1/2 E1/2 E1/2 

NW1/4 NW1/4. 

SW part NE1/4 

NW1/4 ....................... 

N. Central part: 

N1/2 N1/2 NW1/2 

SE1/4 NW1/4. 

N1/2 N1/2 N1/2 

SE1/4 ........................ 

8 

12 

12 

12 

1 

12 

12 

6 

12 

12 

18 

19S 

19S 

19S 

19S 

19S 

19S 

19S 

19S 

19S 

19S 

19S 

21W 

21W 

21W 

21W 

21W 

21W 

21W 

21W 

21W 

21W 

20W 

38.03 

 8.00 

15.00 

 7.00 

 0.93 

 0.51 

18.01 

11.58 

 0.70 

 8.93 

 8.00 

stone ......................... Part W1/2 NW1/4 ...... 33 18S 21W 7.79 
14 ARIZONA v. CALIFORNIA 

Decree 

Owner 

Subdivision and 

Legal Description Sec. Twp. Rng. Acreage 

Virgil W. Jones ....... 

Darrell Brooks ........ 

Floyd Jones ............. 

L. M. Hatch ............ 

N1/2 SE1/4 

NW1/4; SE1/4 

NE1/4 NW1/4. 

SE1/4 SW1/4 .............. 

Part N1/2 SE1/4 

NE1/4 ........................ 

Part NW1/4 

SW1/4 NW1/4 ............ 

SW1/4 SW1/4 ............. 

Virden Townsite ..... 

12 

32 

13 

18 

32 

....... 

19S 

18S 

19S 

19S 

18S 

........... 

21W 

21W

21W 

20W 

21W 

...............

 7.40 

 6.15 

 4.00 

 1.70 

 4.40 

 3.90 

Carl M. Donaldson .. 

Mack Johnson ........ 

Chris Dotz .............. 

Roy A. Johnson ...... 

Ivan and Antone 

Thygerson ............... 

John W. Bonine ...... 

Marion K. Mortenson ........................... 

SW1/4 SE1/4 .............. 

Part NW1/4 NW1/4 

NE1/4 ........................ 

Part NE1/4 NW1/4 

NE1/4 ........................ 

Part N1/2 N1/2 S1/2 

NW1/4 NE1/4 ............ 

SE1/4 SE1/4; SW1/4 

SE1/4 ........................ 

NW1/4 NE1/4; 

NE1/4 NE1/4 ............. 

NE1/4 SE1/4 SE1/4 ..... 

NE1/4 SE1/4 

SE1/4 ......................... 

SW1/4 SE1/4 

SW1/4 ....................... 

SW1/4 SW1/4 SE1/4 

.................................. 

12 

10 

10 

10 

3 

10 

4 

32 

34 

33 

19S 

19S 

19S 

19S 

19S 

19S 

19S 

18S 

18S 

18S 

21W

21W 

21W 

21W 

21W 

21W 

21W

21W 

21W 

21W 

 3.40 

 2.80 

 0.0 

 0.10 

 2.66 

 1.00 

 1.00 

 1.00 

 1.00 

Total ................ .................................. ....... ........... ............... 380.81 

or on lands or for other uses in the Virden Valley to 

which such use may be transferred or substituted on 

retirement from irrigation of any of said specifically 

described lands, up to a maximum total consumptive 

use of such water of 838.2 acre-feet per annum, unless 

and until such uses are adjudged by a court of competent jurisdiction to be an infringement or impairment 

of rights confirmed by the Gila Decree; and

(2) This decree shall not prohibit domestic use of 

water from the Gila River and its underground water 

sources on lands with rights confirmed by the Gila 

Decree, or on farmsteads located adjacent to said 

lands, or in the Virden Townsite, up to a total con-
Cite as: 547 U. S. ____ (2006) 15 

Decree 

sumptive use of 265 acre-feet per annum in addition 

to the uses confirmed by the Gila Decree, unless and 

until such use is adjudged by a court of competent jurisdiction to be an infringement or impairment of 

rights confirmed by the Gila Decree; 

(E) Provided, however, that nothing in this Article IV 

shall be construed to affect rights as between individual 

water users in the State of New Mexico; nor shall anything in this Article be construed to affect possible superior rights of the United States asserted on behalf of National Forests, Parks, Memorials, Monuments and lands 

administered by the Bureau of Land Management; and 

provided further that in addition to the diversions authorized herein the United States has the right to divert water 

from the mainstream of the Gila and San Francisco Rivers 

in quantities reasonably necessary to fulfill the purposes 

of the Gila National Forest with priority dates as of the 

date of withdrawal for forest purposes of each area of the 

forest within which the water is used; 

(F) Provided, further, that no diversion from a stream 

authorized in Article IV(A) through (D) may be transferred 

to any of the other streams, nor may any use for irrigation 

purposes within any area on one of the streams be transferred for use for irrigation purposes to any other area on 

that stream. 

V. The United States shall prepare and maintain, or 

provide for the preparation and maintenance of, and shall 

make available, annually and at such shorter intervals as 

the Secretary of the Interior shall deem necessary or 

advisable, for inspection by interested persons at all reasonable times and at a reasonable place or places, complete, detailed and accurate records of: 

(A) Releases of water through regulatory structures 

controlled by the United States; 
16 ARIZONA v. CALIFORNIA 

Decree 

(B) Diversions of water from the mainstream, return 

flow of such water to the stream as is available for consumptive use in the United States or in satisfaction of the 

Mexican Treaty obligation, and consumptive use of such 

water. These quantities shall be stated separately as to 

each diverter from the mainstream, each point of diversion, and each of the States of Arizona, California and 

Nevada; 

(C) Releases of mainstream water pursuant to orders 

therefor but not diverted by the party ordering the same, 

and the quantity of such water delivered to Mexico in 

satisfaction of the Mexican Treaty or diverted by others in 

satisfaction of rights decreed herein. These quantities

shall be stated separately as to each diverter from the 

mainstream, each point of diversion, and each of the

States of Arizona, California and Nevada; 

(D) Deliveries to Mexico of water in satisfaction of the 

obligations of Part III of the Treaty of February 3, 1944, 

and, separately stated, water passing to Mexico in excess 

of treaty requirements; 

(E) Diversions of water from the mainstream of the Gila 

and San Francisco Rivers and the consumptive use of such 

water, for the benefit of the Gila National Forest. 

VI. By March 9, 1967, the States of Arizona, California, and 

Nevada shall furnish to this Court and to the Secretary of 

the Interior a list of the present perfected rights, with their 

claimed priority dates, in waters of the mainstream within 

each State, respectively, in terms of consumptive use,

except those relating to federal establishments. Any 

named party to this proceeding may present its claim of 

present perfected rights or its opposition to the claims of 

others. The Secretary of the Interior shall supply similar 

information, by March 9, 1967, with respect to the claims 

of the United States to present perfected rights within 

each State. If the parties and the Secretary of the Interior 
Cite as: 547 U. S. ____ (2006) 17 

Decree 

are unable at that time to agree on the present perfected 

rights to the use of mainstream water in each State, and 

their priority dates, any party may apply to the Court for 

the determination of such rights by the Court. A list of 

present perfected rights, with priority dates, in waters of 

the mainstream in the States of Arizona, California, and 

Nevada is set forth in Appendix A to this decree and is 

incorporated herein by reference. 

VII. The State of New Mexico shall, by March 9, 1968, 

prepare and maintain, or provide for the preparation and 

maintenance of, and shall annually thereafter make available for inspection at all reasonable times and at a reasonable place or places, complete, detailed and accurate 

records of: 

(A) The acreages of all lands in New Mexico irrigated 

each year from the Gila River, the San Francisco River, 

San Simon Creek, and their tributaries and all of their 

underground water sources, stated by legal description 

and component acreages and separately as to each of the 

areas designated in Article IV of this decree and as to each 

of the three streams; 

(B) Annual diversions and consumptive uses of water in 

New Mexico, from the Gila River, the San Francisco River, 

San Simon Creek, and their tributaries and all their underground water sources, stated separately as to each of 

the three streams. 

VIII. This decree shall not affect: 

(A) The relative rights inter sese of water users within 

any one of the States, except as otherwise specifically 

provided herein;

(B) The rights or priorities to water in any of the Lower 

Basin tributaries of the Colorado River in the States of 

Arizona, California, Nevada, New Mexico and Utah except 

the Gila River System; 
18 ARIZONA v. CALIFORNIA 

Decree 

(C) The rights or priorities, except as specific provision 

is made herein, of any Indian Reservation, National Forest, Park, Recreation Area, Monument or Memorial, or 

other lands of the United States; 

(D) Any issue of interpretation of the Colorado River 

Compact. 

IX. Any of the parties may apply at the foot of this decree 

for its amendment or for further relief. The Court retains 

jurisdiction of this suit for the purpose of any order, direction, or modification of the decree, or any supplementary 

decree, that may at any time be deemed proper in relation 

to the subject matter in controversy. 
Cite as: 547 U. S. ____ (2006) 19 

Appendix to Decree 

APPENDIX 

The present perfected rights to the use of mainstream 

water in the States of Arizona, California, and Nevada, 

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 this 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 this decree. 

(3) Article IX of this 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 this 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 this decree, provided 

that the quantities fixed in paragraphs (1) through (5) of 

Art. II(D) of this 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 except for the western 
20 ARIZONA v. CALIFORNIA 

Appendix to Decree 

boundaries of the Fort Mojave and Colorado River Indian 

Reservations in California and except for the boundaries 

of the Fort Yuma Indian Reservation in Arizona and 

California. Additional present perfected rights so adjudicated by such adjustment shall be in annual quantities not 

to exceed the quantities of mainstream water necessary to 

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 this 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 this decree, for said Reservation shall not exceed the consumptive use that would have 
Cite as: 547 U. S. ____ (2006) 21 

Appendix to Decree 

resulted if the diversions listed in subparagraph (i) of 

paragraphs (1) through (5) of Art. II(D) of this decree had 

been used for irrigation of the number of acres specified

for that Reservation in said paragraphs and 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), (3), (4), and (5) of this decree, such 

rights having been decreed in Art. II: 

Annual 

Diversions Net 

Defined Area of Land (Acre-Feet)1 Acres1 Priority Date 

1) Cocopah Indian Reservation 7,681 1,206 Sept. 27, 1917 

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

252,016 37,808 Nov. 22, 1873 

51,986 7,799 Nov. 16, 1874 

3) Fort Mojave Indian Reservation 27,969 4,327 Sept. 18, 1890 

75,566 11,691 Feb. 2, 1911 

3a) Fort Yuma Indian Reservation 6,350 952 Jan. 9, 1884 

In addition to the mainstream diversion rights in favor of 

the Indian Reservations specified in Paragraph I(A) of this 

—————— 

1The 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. 
22 ARIZONA v. CALIFORNIA 

Appendix to Decree 

Appendix, a mainstream diversion right of 2,026 acre-feet 

for the Cocopah Reservation shall be charged against the 

State of Arizona with a priority date of June 24, 1974. 

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 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: 
Cite as: 547 U. S. ____ (2006) 23 

Appendix to Decree 

Annual 

Diversions Priority 

Defined Area of Land (acre-feet) Date 

7) 

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

and 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)2 

8) 

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

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

Base and Meridian, Yuma County, Ari- 3 zona. (United States)

9) 

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

and 2, Sec. 22, T.10N., R.19W, G&SRBM.

(Graham)2

10) 

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

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)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 N1/4 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 2 (Hurschler)

—————— 

2The 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. 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. 
24 ARIZONA v. CALIFORNIA 

Appendix to Decree 

Annual 

Diversions Priority 

Defined Area of Land (acre-feet) Date 

12) 

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

G&SRBM. (Miller)2 

13) 

120 acres within Sec. 27, T.18N., R. 22W., 

G&SRBM. 

15 acres within the NW1/4 of the NW1/4, 810 1902 

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

(McKellips and Granite Reef Farms)4 

14) 

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

the 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 & Lafolette)4 

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., Gila 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. 0o7 ́ W., 

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

a point, thence northerly 0o14 ́ W., 1,067.6 

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

point, thence northerly 0o20 ́ W., 405.2 feet 

to a point, thence northerly 63o10 ́ W., 

506.0 feet to a point, thence northerly 

90o15 ́ 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 

—————— 

4The 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. 
Cite as: 547 U. S. ____ (2006) 25 

Appendix to Decree 

Annual 

Diversions Priority 

Defined Area of Land (acre-feet) Date 

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)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. 

70 acres within the S1/4 of the SW1/4 of the 780 1925 

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

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

17) 

120 acres within the N1/4 NE1/4, NE1/4 720 1912 

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

G&SRBM. (Zozaya)4 

18) 

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

30, and 60 acres in the W1/4 of the SE1/4 of 

Section 30, and 60 acres in the E1/4 of the 

NW1/4 of Section 31, comprising a total of 

160 acres all in Township 18 North, Range 4 21 West of the G&SRBM. (Swan)

19) 

7 acres in the East 300 feet of the W1/4 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 W1/4 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)4 

2. The following miscellaneous present perfected rights 

in Arizona in annual quantities of water not to exceed the 
26 ARIZONA v. CALIFORNIA 

Appendix to Decree 

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: 

Annual Annual 

Diversions Consumptive Use Priority 

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

20) City of Parker2 

21) City of Yuma2

630 

2,333 

400 

1,478 

1905 

1893 

II 

CALIFORNIA 

A. Federal Establishments’ Present Perfected Rights 

The federal establishments named in Art. II, subdivision 

(D), paragraphs (1), (3), (4), and (5) of this decree, such

rights having been decreed by Art. II: 

Annual 

Diversions 

Defined Area of Land (acre-feet)5 Net Acres5 Priority Date 

22) 

Chemehuevi Indian 11,340 1,900 Feb. 2, 1907

Reservation 

23) 

Fort Yuma Indian 71,616 10,742 Jan. 9, 1884

Reservation 

24) 

Colorado River 10,745 1,612 Nov. 22, 1873

Indian Reservation 40,241 6,037 Nov. 16, 1874

5,860 879 May 15, 1876 

25) 

Fort Mojave Indian 16,720 2,587 Sept. 18, 1890 

Reservation 

—————— 

5The 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. 
Cite as: 547 U. S. ____ (2006) 27 

Appendix to Decree 

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 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 (nonIndian 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: 
28 ARIZONA v. CALIFORNIA 

Appendix to Decree 

Annual Diversions 

Defined Area of Land (acre-feet) Priority Date 

29) 

130 acres within Lots 1, 2, and 3, 780 1856 

SE1/4 of NE1/4 of Section 27, T.16S., 

R.22E., S.B.B. & M. (Wavers)6 

30) 

40 acres within W1/4, W1/4 of E1/4 of 240 1923 

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

(Stephenson)6 

31) 

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

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

of Sec. 24, T.13S., R.22E., S.B.B. & 

M. (Mendivil)6 

32) 

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

SE1/4, Sec. 24, and NW1/4 of NE1/4, 

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

M. (Grannis)6 

33) 

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

Lots 1 and 2, SW1/4 of NE1/4, and 

NE1/4 of SE1/4 of Sec. 8, and Lots 1 & 

2 of Sec. 9, all in T. 13S., R.22E., 

S.B.B. & M. (Morgan)6 

34) 

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

W1/4 of NE1/4 of Sec. 14, T.10S., 

R.21E., S.B.B. & M. (Milpitas)6 

35) 

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

NE1/4, and NE1/4 of SE1/4, Sec. 30, 

T.9N., R.23E., S.B.B. & M. (Simons)6 

36) 

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

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

& M. (Colo. R. Sportsmen’s League)6 

—————— 

6The 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. 
Cite as: 547 U. S. ____ (2006) 29 

Appendix to Decree 

Annual Diversions

Defined Area of Land (acre-feet) Priority Date

37) 

11.5 acres within E1/4 of NW1/4, Sec. 1, 69 1914 

T.10S., R.21E., S.B.B. & M. (Milpitas)6

38) 

11 acres within S1/4 of SW1/4, Sec. 12, 66 1921 

T.9N., R.22E., S.B.B. & M. (Andrade)6

39) 

6 acres within Lots 2, 3, and 7 and 36 1904 

NE1/4 of SW1/4, Sec. 19, T.9N.,

R.23E., S.B.B. & M. (Reynolds)6

40) 

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

NE1/4 and NE1/4 of SE1/4, Sec. 24, 

T.9N., R.22E., S.B.B. & M. (Cooper)6

41) 

20 acres within SW1/4 of SW1/4 (Lot 120 1925 

8), Sec. 19, T.9N., R.23E., S.B.B. & 

M. (Chagnon)7

42) 

20 acres within NE1/4 of SW1/4, N1/4 of 120 1915 

SE1/4, SE1/4 of SE1/4, Sec. 14, T.9S., 

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

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: 

Annual Annual 

Diversions Consumptive Use Priority 

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

43) 

City of Needles6 1,500 950 1885 

—————— 

7The 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. 
30 ARIZONA v. CALIFORNIA 

Appendix to Decree 

Annual Annual 

Diversions Consumptive Use Priority 

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

44) 

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

T.7N., 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 

Santa Fe Railway Co.)6 

and 

45) 

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

NW1/4 of Sec. 5, T.13S., 

R.22E., S.B.B. & M. (Conger)7

46) 

Lots 1, 2, 3, 4 of Sec. 32, 1.0 0.6 1923 

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

(G. Draper)7

47) 

Lots 1, 2, 3, 4, and SE1/4 1.0 0.6 1919 

SW1/4 of Sec. 20, T.11S., 

R.22E., S.B.B. & M. 

(McDonough)7

48) 

SW1/4 of Sec. 25, T.8S., 1.0 0.6 1925 

 R.22E., S.B.B. & M. 

(Faubion)7

49) 

W1/4 NW1/4 of Sec. 12, 1.0 0.6 1922 

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

(Dudley)7

50) 

N1/4 SE1/4 and Lots 1 and 2 

of Sec. 13, T.8S., R.22E., 1.0 0.6 1916 

S.B.B. & M. (Douglas)7

51) 

N1/4 SW1/4, NW1/4 SE1/4, 1.0 0.6 1924 

Lots 6 and 7, Sec. 5, T.9S., 

R.22E., S.B.B. & M. 

(Beauchamp)7

52) 

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

Lot 1, Sec. 26, T.8S., R.22E., 

S.B.B. & M. (Clark)7
Cite as: 547 U. S. ____ (2006) 31 

Appendix to Decree 

Annual Annual 

Diversions Consumptive Use Priority 

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

53) 

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

SW1/4 NE1/4, Sec. 13, T.9S., 

R.21E., S.B.B. & M. 

(Lawrence)7

54) 

N1/4 NE1/4, E1/4 NW1/4, Sec. 1.0 0.6 1914 

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

M. (J. Graham)7

55) 

SE1/4, Sec. 1, T.9S., R.21E., 

S.B.B. & M. (Geiger)7

 1.0 0.6 1910 

56) 

Fractional W1/4 of SW1/4 (Lot 1.0 0.6 1917 

6) Sec. 6, T.9S., R.22E., 

S.B.B. & M. (Schneider)7

57) 

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

Sec. 14; Lots 1 & 2, Sec. 23; 

all in T.13S., R.22E., S.B.B. 

& M. (Martinez)7

58) 

NE1/4, Sec. 22, T.9S., R.21E., 

S.B.B. & M. (Earle)7

 1.0 0.6 1925 

59) 

NE1/4 SE1/4, Sec. 22, T.9S., 

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

 1.0 0.6 1928 

60) 

N1/4 NW1/4, N1/4 NE1/4, Sec. 1.0 0.6 1912 

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

M. (Reid)7

61) 

W1/4 SW1/4, Sec. 23, T.9S., 1.0 0.6 1916 

R.21E., S.B.B. & M. 

(Graham)7

62) 

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

SW1/4 NE1/4, Sec. 23, T.9S., 

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

63) 

SE1/4 NE1/4, N1/4 SE1/4, SE1/4 1.0 0.6 1924 

SE1/4, Sec. 23, T.9S., R.21E., 

S.B.B. & M. (McGee)7
32 ARIZONA v. CALIFORNIA 

Appendix to Decree 

Annual Annual 

Diversions Consumptive Use Priority 

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

64) 

SW1/4 SE1/4, SE1/4 SW1/4, 

Sec. 23, NE1/4 NW1/4, NW1/4 

1.0 0.6 1924 

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

R.21E., S.B.B. & M. 

(Stallard)7

65) 

W1/4 SE1/4, SE1/4 SE1/4, Sec. 1.0 0.6 1926 

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

M. (Randolph)7

66) 

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

NW1/4, Sec. 26, T.9S., R21E., 

S.B.B. & M. (Stallard)7

67) 

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

NW1/4, Sec. 24; all in T.9S., 

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

68) 

SE1/4 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)7

69) 

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

Sec. 7; all in T.14S., R.24E., 

S.B.B. & M. (W. Ferguson)7

70) 

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

Sec. 24, T.12S., R.21E., Lot 2, 

Sec. 19, T.12S., R.22E., S.B.B. 

& M. (Vaulin)7

71) 

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

T.12S., R21E., S.B.B. & M 

(Salisbury) 

72) 

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

15, NE1/4 NE1/4, Sec. 22; all 

in T.13S., R.22E., S.B.B. & 

M. (Hadlock)7
Cite as: 547 U. S. ____ (2006) 33 

Appendix to Decree 

Annual Annual 

Diversions Consumptive Use Priority 

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

73) 

SW1/4 NE1/4, SE1/4 NW1/4, 1.0 0.6 1903 

and Lots 7 & 8, Sec. 6, 

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

(Streeter)7

74) 

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

Sec. 7; Lots 1 & 2, Sec. 8; 

Lot 1, Sec. 18; all in T.12S., 

R.22E., S.B.B. & M. (J. 

Draper)7

75) 

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

NE1/4 and Lot 9, Sec. 6; all 

in T.9S., R.22E., S.B.B. & 

M. (Fitz)7

76) 

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

& 3, W1/4 SE1/4, Sec. 23; all 

in T.8S., R.22E., S.B.B. & 

M. (Williams)7

77) 

Lots 1, 2, 3, 4, & 5, Sec. 25, 1.0 0.6 1928 

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

(Estrada)7

78) 

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

SW1/4, Sec. 25, T.9S., R.21E., 

S.B.B. & M. (Whittle)7

79) 

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

Sec. 24; all in T.9S., R.21E., 

S.B.B. & M. (Corington)7

80) 

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

24, T.9S., R.21E., S.B.B. & 

M. (Tolliver)7
34 ARIZONA v. CALIFORNIA 

Appendix to Decree 

III 

NEVADA 

A. Federal Establishments’ Present Perfected Rights 

The federal establishments named in Art. II, subdivision (D), paragraphs (5) and (6) of this decree, such rights 

having been decreed by Art. II: 

Annual Diversions Priority 

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

81) 

Fort Mojave Indian 12,5348 1,9398 Sept. 18, 1890 

Reservation 

82) 

Lake Mead National 500 3009 May 3, 192910 

Recreation Area (The 

Overton Area of Lake 

Mead N.R.A. provided in 

Executive Order 5105) 

—————— 

8The 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. 9Refers to acre-feet of annual consumptive use, not to net acres. 10Article II (D)(6) of this 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).