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

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# 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 mo

tion of the parties to amend Article VI of the decree, and

### 2 ARIZONA v. CALIFORNIA

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## 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, en

tered a supplemental decree, de nied in part the motion to intervene of the Fort Mojave Indian Tribe, and otherwise referred the case and the moti ons 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 re

port 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 inter

vene, 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 Mas

ter with respect to the Fort Yu ma Indian Reservation. 530

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## 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 supplemen

tal decree to implement those settlements. The State of Arizona, the State of California, The Met

ropolitan 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 si ngle convenient reference to ascertain the rights and obligations of the parties adjudi

cated in this original proceeding, and reflects only the incremental changes in the original 1964 decree by subse

quent decrees and the settlements of the federal reserved water rights claim for the Fo rt 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 respe ctive entry in the prior decrees. Entry of this decree shall not affect the validity or effect

### 4 ARIZONA v. CALIFORNIA

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## of, nor affect any right or obligation under, any existing statute, regulation, policy, ad ministrative order, contract, or judicial decision or judgment in other actions that references any of the previous decrees, and any such refer

ence 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 Colo

rado 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 main

stream 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 main

stream; (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

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## of which naturally drain into the mainstream of the Colo

rado 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 righ ts” 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 fol

lowing order of priority: (1) For river regulation, improvement of naviga

tion, 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 re

lease water in satisfaction of its obligations to the

### 6 ARIZONA v. CALIFORNIA

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## United States of Mexico under the Treaty dated Feb

ruary 3, 1944, without regard to the priorities speci

fied 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 Inte

rior, to satisfy 7,500,000 acre-feet of annual consump

tive 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 Inte

rior, to satisfy annual consumptive use in the afore

said States in excess of 7,500,000 acre-feet, such ex

cess 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 Inte

rior, to satisfy annual consumptive use of 7,500,000 acre-feet in the aforesaid three States, then the Secre

tary 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 consulta

tion 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

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## consistent with the Boulder Canyon Project Act as in

terpreted 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 pub lic agencies) in Arizona, California, and Nevada only pursuant to valid con

tracts 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 con

sumptive 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 apportion

ment are not in effect or that users cannot apply all of such water to beneficial us es, or for any other reason, nothing in this decree shall be construed as prohibit

ing the Secretary of the Inte rior 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 contra ct 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

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## the contract dated January 3, 1944, to reduce the appor

tionment 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 allo

cations 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 pe rfected 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 diver

sions from the mainstream or (ii) the quantity of mainstream water necessary to supply the consump

tive use required for irriga tion 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 diver

sions from the mainstream or (ii) the quantity of mainstream water necessary to supply the consump

tive use required for irriga tion 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);

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## (3) The Fort Yuma Indian Reservation in annual quantities not to exceed (i) 77,966 acre-feet of diver

sions from the mainstream or (ii) the quantity of mainstream water necessary to supply the consump

tive 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 an

nual 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 consump

tive 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 Ex ecutive Order of said date, except as later modified; May 15, 1876, for lands re

served by the Executive Orderof 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 diver

sions from the mainstream or (ii) the quantity of mainstream water necessary to supply the consump

tive 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

-

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## der of said date (No. 5105), and April 25, 1930, for lands reserved by the Exec utive Order of said date (No. 5339); (7) The Havasu Lake National Wildlife Refuge in annual quantities reasonably necessary to fulfill thepurposes 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 an

nual quantities reasonably necessary to fulfill thepurposes 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 pre

sent 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 sub

ject 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 fed

eral statute.

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## 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 insaid States, their officers, attorneys, agents and employees, be and they are hereby severally enjoined: (A) From interfering with the management and opera

tion, in conformity with Article II of this decree, of regula

tory 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 diver

sion 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 permi tting 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,

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## of 72,000 acre-feet during any period of ten consecutive years; and from exceeding a to tal consumptive use of such water, for whatever purpose, of 8,220 acre-feet during any one year; (B) From diverting or permi tting the diversion of water from the San Francisco River, its tributaries and under

ground 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 pe

riod 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 permi tting the diversion of water from the Gila River, its tributaries (exclusive of the San Francisco River and San Simon Creek and their tributar

ies) and underground water sources for the irrigation within each of the following areas of more than the follow

ing 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 con

sumptive use of such water (exclusive of uses in VirdenValley, New Mexico), for whatever purpose, of 15,895 acrefeet during any one year;

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## (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 provi

sions of the Gila Decree ; provided, however, that: (1) This decree shall not enjoin the use of under

ground 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 NW 1 / 4 SW 1 / 4 ............ SW 1 / 4 SW 1 / 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. Free

NW 1 / 4 NW 1 / 4........... SW 1 / 4 NE 1 / 4............. SW 1 / 4 NE 1 / 4............. SE 1 / 4 NE 1 / 4.............. S. part SE 1 / 4 SW 1 / 4 SE 1 / 4 .............. W 1 / 2 W 1 / 2 W 1 / 2 NE 1 / 4NE 1 / 4 ............. NW 1 / 4 NE 1 / 4 4........... SW part Lot 1 ......... E. Central part: E 1 / 2 E 1 / 2 E 1 / 2 NW 1 / 4 NW 1 / 4. SW part NE 1 / 4 NW 1 / 4 ....................... N. Central part: N 1 / 2 N 1 / 2 NW 1 / 2 SE 1 / 4 NW 1 / 4. N 1 / 2 N 1 / 2 N 1 / 2 SE 1 / 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 W 1 / 2 NW 1 / 4...... 33 18S 21W 7.79

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Owner Subdivision and Legal Description Sec. Twp. Rng. Acreage Virgil W. Jones .......

Darrell Brooks ........ Floyd Jones .............

L. M. Hatch ............ N 1 / 2 SE 1 / 4 NW 1 / 4 ; SE 1 / 4 NE 1 / 4NW 1 / 4. SE 1 / 4 SW 1 / 4 .............. Part N 1 / 2 SE 1 / 4 NE 1 / 4........................ Part NW 1 / 4 SW 1 / 4 NW 1 / 4 ............ SW 1 / 4 SW 1 / 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 ........................... SW 1 / 4 SE 1 / 4 .............. Part NW 1 / 4 NW 1 / 4 NE 1 / 4........................ Part NE 1 / 4 NW 1 / 4 NE 1 / 4........................ Part N 1 / 2 N 1 / 2 S 1 / 2 NW 1 / 4 NE 1 / 4 ............ SE 1 / 4 SE 1 / 4 ; SW 1 / 4 SE 1 / 4 ........................ NW 1 / 4 NE 1 / 4 ; NE 1 / 4NE 1 / 4 ............. NE 1 / 4SE 1 / 4 SE 1 / 4 ..... NE 1 / 4SE 1 / 4 SE 1 / 4 ......................... SW 1 / 4 SE 1 / 4 SW 1 / 4 ....................... SW 1 / 4 SW 1 / 4 SE 1 / 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 compe

tent 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

-

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## 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 ju

risdiction 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 ri ghts as between individual water users in the State of New Mexico; nor shall any

thing in this Article be cons trued to affect possible supe

rior rights of the United St ates asserted on behalf of Na

tional Forests, Parks, Memorials, Monuments and lands administered by the Bureau of Land Management; and provided further that in addition to the diversions author

ized 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 trans

ferred for use for irrigation purposes to any other area on that stream.

V. The United States sha ll 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 rea

sonable times and at a reasonable place or places, com

plete, detailed and accurate records of: (A) Releases of water through regulatory structures controlled by the United States;

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## (B) Diversions of water fr om the mainstream, return flow of such water to the stream as is available for con

sumptive 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 mains tream, each point of diver

sion, 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 fe deral 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

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## 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 pr iority dates, in waters of the mainstream in the States of Arizona, California, and Nevada is set forth in Append ix 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 prov ide for the preparation and maintenance of, and shall annually thereafter make avail

able for inspection at all reasonable times and at a rea

sonable 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, st ated 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 un

derground 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;

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## (C) The rights or priorities, except as specific provision is made herein, of any Indian Reservation, National For

est, 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 furtherrelief. The Court retains jurisdiction of this suit for the purpose of any order, direc

tion, 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.

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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 pres ent perfected rights relate to the quantity of water which may be used by each claim

ant and the list is not intended to limit or redefine the type of use otherwise set forth in this decree. (2) This determination sha ll in no way affect future adjustments resulting from determinations relating to settlement of Indian reservatio n 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 he rein may be exercised only for beneficial uses. (5) In the event of a determination of insufficient main

stream 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 Reservatio n, Cocopah Indian Reserva

tion, Fort Yuma Indian Reserv ation, Colorado River In

dian 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 determ ined except for the western

### 20 ARIZONA v. CALIFORNIA

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## 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 adjudi

cated 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 com

puted by determining net pr acticably 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 diver

sion 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 Reserva

tion shall not exceed the consumptive use that would have

### 21 Cite as: 547 U. S. ____ (2006)

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 satis

faction of related uses. Effect shall be given to this para

graph notwithstanding the priority dates of the present perfected rights as listed belo w. However, nothing in this paragraph (5) shall affect the order in which such rights listed below as “MISCELLANEOUS PRESENT PER

FECTED RIGHTS” (numbe red 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 clai ms 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 Acres 1 Priority Date 1) Cocopah Indian Reservation 7,681 1,206 Sept. 27, 1917 2) Colorado River In dian 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 Indi an 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

——————

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 satisfaction of related uses, whichever of (i) or (ii) is less.

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## 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 quanti

ties 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 Bin annual quan

tities 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 wate r 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 satis

faction of related uses within the boundaries of the land described and with the priority dates listed:

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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 SW 1 / 4 of the SE 1 / 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 S 1 / 4of SW 1 / 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 N 1 / 2 of the S 1 / 2 and the 1,080 1902 S 1 / 2 of the N 1 / 2 of Sec. 13 and the SW 1 / 4of the NE 1 / 4of Sec. 14, T.18N., R.22W., G&SRBM. (Hulet) 2 11) 45 acres within the NE 1 / 4of the SW 1 / 4 , the SW 1 / 4of the SW 1 / 4and the SE 1 / 4 of the SW 1 / 4of Sec. 11, T.18N., R.22W., G&SRBM. 80 acres within the N 1 / 4of the SW 1 / 4 of Sec. 11, T.18N., R.22W., G&SRBM. 1,050 1902 10 acres within the NW 1 / 4 of the NE 1 / 4 of the NE 1 / 4 of Sec. 15, T.18N., R.22W., G&SRBM. 40 acres within the SE 1 / 4of the SE 1 / 4of Sec. 15, T.18N., R.22W., G&SRBM
2 (Hurschler)



### ——————

2 

### The names in parentheses following the description of the “Defined Area of Land” are used for identific ation of present perfected r ights 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 sub

mitted 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

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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 NW 1 / 4of the NW 1 / 4 , 810 1902 Sec. 23, T.18N., R.22W., G&SRBM. (McKellips and Granite Reef Farms) 4 14) 180 acres within the NW 1 / 4of the NE 1 / 4 , 1,080 1902 the SW 1 / 4of the NE 1 / 4 , the NE 1 / 4 of the SW 1 / 4 , the NW 1 / 4 of the SE 1 / 4 , the NE 1 / 4of the SE 1 / 4 , and the SW 1 / 4of the SE 1 / 4 , and the SE 1 / 4 of the SE 1 / 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 NE 1 / 4 of Sec. 10, T.8S., R.22W., Gila and Salt River Base and Meridian; on the northerly boundary of the said NE 1 / 4 , which is the true point of beginning, then in a southerly direction to a point on the southerly boundary of the said NE 1 / 4 which is 991.2 feet E. of the SW corner of said NE 1 / 4thence easterly along the S. line of the NE 1 / 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 NE 1 / 4 , thence easterly along the said northerly boundary of the said NE 1 / 4 , 116.6 feet to



### ——————

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.

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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 fort h in that survey executed by Thomas A. Yowell, Land Surveyor on June 24, 1969. (Molina) 4 16) 60 acres within the NW 1 /4 of the NW 1 /4 and the north half of the SW 1 /4 of the NW 1 /4 of Sec. 14, T.8S., R.22W., G&SRBM. 70 acres within the S 1 / 4 of the SW 1 / 4 of the 780 1925 SW 1 / 4 , and the W 1 / 4of the SW 1 / 4 , Sec. 14, T.8S., R.22W., G&SRBM. (Sturges) 4 17) 120 acres within the N 1 / 4 NE 1 / 4 , NE 1 / 4 720 1912 NW 1 / 4 , Section 23, T.18N., R.22W., G&SRBM. (Zozaya) 4 18) 40 acres in the W 1 / 4of the NE 1 / 4 of Section 960 1902 30, and 60 acres in the W 1 / 4of the SE 1 / 4 of Section 30, and 60 acres in the E 1 / 4 of the NW 1 / 4of 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 W 1 / 4 of 42 1900 Lot 1 (Lot 1 being the SE 1 / 4 SE 1 / 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 W 1 / 4 of Lot 1 within the natural bed of the Colorado River below the line of ordinary high water and also EXCEPTING any artificial accre

tions waterward of said line of ordinary high water, all of which comprises approxi

mately seven (7) acre s. (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

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## listed number of acre-feet of (i ) diversions from the main

stream 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 Parker 2 21) City of Yuma 2 630 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 Acres 5 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



### ——————

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.

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

Appendix to Decree


## B. Water Districts’ and Proje cts’ Present Perfected Rights 26) The Palo Verde Irrigation District in annual quantities not to exceed (i) 219,780 acre-feet of diversions from the main

stream 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 re

lated 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 main

stream to supply the consumptive use required for irriga

tion and the satisfaction of related uses within the boundaries of the land described and with the priority dates listed:

### 28 ARIZONA v. CALIFORNIA

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Annual Diversions Defined Area of Land (acre-feet) Priority Date 29) 130 acres within Lots 1, 2, and 3, 780 1856 SE 1 / 4of NE 1 / 4of Section 27, T.16S., R.22E., S.B.B. & M. (Wavers) 6 30) 40 acres within W 1 / 4 , W 1 / 4 of E 1 / 4of 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 NW 1 / 4of SE 1 / 4 , S 1 / 4 of 180 1928 SE 1 / 4 , Sec. 24, and NW 1 / 4 of NE 1 / 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, SW 1 / 4of NE 1 / 4 , and NE 1 / 4of SE 1 / 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 E 1 / 4 of NW 1 / 4 and 108 1918 W 1 / 4of NE 1 / 4 of Sec. 14, T.10S., R.21E., S.B.B. & M. (Milpitas) 6 35) 10 acres within N 1 / 4of NE 1 / 4 , SE 1 / 4of 60 1889 NE 1 / 4 , and NE 1 / 4 of SE 1 / 4 , Sec. 30, T.9N., R.23E., S.B.B. & M. (Simons) 6 36) 16 acres within E 1 /4 of NW 1 /4 and N 1 /4 96 1921 of SW 1 /4 , Sec. 12, T.9N., R.22E., S.B.B. & M. (Colo. R. Sportsmen’s League) 6



### ——————

6 

### The names in parentheses following the description of the “Defined Area of Land” are used for identific ation of present perfected r ights only; the name used is the first name appearing as the claimant identi

fied 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 E 1 /4 of NW 1 /4 , Sec. 1, 69 1914 T.10S., R.21E., S.B.B. & M. (Milpitas) 6 38) 11 acres within S 1 /4 of SW 1 /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 NE 1 / 4of SW 1 / 4 , Sec. 19, T.9N., R.23E., S.B.B. & M. (Reynolds) 6 40) 10 acres within N 1 / 4of NE 1 / 4 , SE 1 / 4of 60 1905 NE 1 / 4and NE 1 / 4 of SE 1 / 4 , Sec. 24, T.9N., R.22E., S.B.B. & M. (Cooper) 6 41) 20 acres within SW 1 / 4 of SW 1 / 4 (Lot 120 1925 8), Sec. 19, T.9N., R.23E., S.B.B. & M. (Chagnon) 7 42) 20 acres within NE 1 / 4of SW 1 / 4 , N 1 / 4 of 120 1915 SE 1 / 4 , SE 1 / 4 of SE 1 / 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 pur

poses 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 Needles 6 1,500 950 1885



### ——————

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.

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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, & SW 1/ 4 1.0 0.6 1921 NW 1/ 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 SE 1 / 4 1.0 0.6 1919 SW 1 / 4of Sec. 20, T.11S., R.22E., S.B.B. & M. (McDonough) 7 48) SW 1 / 4of Sec. 25, T.8S., 1.0 0.6 1925 R.22E., S.B.B. & M. (Faubion) 7 49) W 1 / 4NW 1 / 4 of Sec. 12, 1.0 0.6 1922 T.9N., R.22E., S.B.B. & M. (Dudley) 7 50) N 1 / 4 SE 1 / 4and Lots 1 and 2 of Sec. 13, T.8S., R.22E., 1.0 0.6 1916 S.B.B. & M. (Douglas) 7 51) N 1 / 4SW 1 / 4 , NW 1 / 4SE 1 / 4 , 1.0 0.6 1924 Lots 6 and 7, Sec. 5, T.9S., R.22E., S.B.B. & M. (Beauchamp) 7 52) NE 1 /4 SE 1 /4 , SE 1/4 NE 1 /4 , and 1.0 0.6 1916 Lot 1, Sec. 26, T.8S., R.22E., S.B.B. & M. (Clark) 7

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Annual Annual Diversions Consumptive Use Priority Defined Area of Land (acre-feet) (acre-feet) Date 53) N 1 / 4SW 1 / 4 , NW 1 / 4SE 1 / 4 , 1.0 0.6 1915 SW 1 / 4NE 1 / 4 , Sec. 13, T.9S., R.21E., S.B.B. & M. (Lawrence) 7 54) N 1 / 4NE 1 / 4 , E 1 / 4NW 1 / 4 , Sec. 1.0 0.6 1914 13, T.9S., R.21E., S.B.B. & M. (J. Graham) 7 55) SE 1 / 4 , Sec. 1, T.9S., R.21E., S.B.B. & M. (Geiger) 7 1.0 0.6 1910

56) Fractional W 1 /4 of SW 1 /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) NE 1 /4 , Sec. 22, T.9S., R.21E., S.B.B. & M. (Earle) 7 1.0 0.6 1925

59) NE 1 /4 SE 1 /4 , Sec. 22, T.9S., R.21E., S.B.B. & M. (Diehl) 7 1.0 0.6 1928

60) N 1 / 4NW 1 / 4 , N 1 / 4 NE 1 / 4 , Sec. 1.0 0.6 1912 23, T.9S., R.21E., S.B.B. & M. (Reid) 7 61) W 1 / 4SW 1 / 4 , Sec. 23, T.9S., 1.0 0.6 1916 R.21E., S.B.B. & M. (Graham) 7 62) S 1 / 4 NW 1 / 4 , NE 1 / 4SW 1 / 4 , 1.0 0.6 1919 SW 1 / 4NE 1 / 4 , Sec. 23, T.9S., R.21E., S.B.B. & M. (Cate) 7 63) SE 1 /4 NE 1 /4 , N 1 /4 SE 1 /4 , SE 1 /4 1.0 0.6 1924 SE 1 /4 , Sec. 23, T.9S., R.21E., S.B.B. & M. (McGee) 7

### 32 ARIZONA v. CALIFORNIA

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Annual Annual Diversions Consumptive Use Priority Defined Area of Land (acre-feet) (acre-feet) Date
64) SW 1 / 4SE 1 / 4 , SE 1 / 4SW 1 / 4 , Sec. 23, NE 1 / 4NW 1 / 4 , NW 1 / 4 1.0 0.6 1924

NE 1 / 4 , Sec. 26; all in T.9S., R.21E., S.B.B. & M. (Stallard) 7 65) W 1 / 4SE 1 / 4 , SE 1 / 4 SE 1 / 4 , Sec. 1.0 0.6 1926 26, T.9S., R.21E., S.B.B. & M. (Randolph) 7 66) E 1 /4 NE 1 /4 , SW 1 /4 NE 1 /4 , SE 1 /4 1.0 0.6 1928 NW 1 /4 , Sec. 26, T.9S., R21E., S.B.B. & M. (Stallard) 7 67) S 1 / 4SW 1 / 4 , Sec. 13, N 1 / 4 1.0 0.6 1926 NW 1 / 4 , Sec. 24; all in T.9S., R.21E., S.B.B. & M. (Keefe) 7 68) SE 1 /4 NW 1 /4 , SE 1 /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) SW 1/ 4 SE 1/ 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, SE 1 / 4 SE 1 / 4 , Sec. 1.0 0.6 1924 15, NE 1 / 4NE 1 / 4 , Sec. 22; all in T.13S., R.22E., S.B.B. & M. (Hadlock) 7

### 33 Cite as: 547 U. S. ____ (2006)

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Annual Annual Diversions Consumptive Use Priority Defined Area of Land (acre-feet) (acre-feet) Date 73) SW 1 / 4 NE 1 / 4 , SE 1 / 4 NW 1 / 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) SW 1 / 4NW 1 / 4 , Sec. 5; SE 1 / 4 1.0 0.6 1912 NE 1 / 4and Lot 9, Sec. 6; all in T.9S., R.22E., S.B.B. & M. (Fitz) 7 76) NW 1 / 4 NE 1 / 4 , Sec. 26; Lots 2 1.0 0.6 1909 & 3, W 1 / 4 SE 1 / 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) S 1/

4 NW 1/ 4 , Lot 1, frac. NE 1/ 4 1.0 0.6 1925 SW 1/ 4 , Sec. 25, T.9S., R.21E., S.B.B. & M. (Whittle) 7 79) N 1/ 4 NW 1/4 , Sec. 25; S 1/ 4 SW 1/ 4 , 1.0 0.6 1928 Sec. 24; all in T.9S., R.21E., S.B.B. & M. (Corington) 7 80) S 1 / 4 NW 1 / 4 , N 1 / 4 SW 1 / 4 , Sec. 1.0 0.6 1928 24, T.9S., R.21E., S.B.B. & M. (Tolliver) 7

### 34 ARIZONA v. CALIFORNIA

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## III NEVADA

A. Federal Establishments’ Present Perfected Rights The federal establishments named in Art. II, subdivi

sion (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 12,534 8 1,939 8 Sept. 18, 1890 Reservation 82) Lake Mead National 500 300 9 May 3, 1929 10 Recreation Area (The Overton Area of Lake Mead N.R.A. provided in Executive Order 5105)



### ——————

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.

9 

### Refers to acre-feet of annual consum ptive use, not to net acres.
10 

### Article 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).