
    ARIZONA v. CALIFORNIA et al.
    No. 8,
    Orig.
    Decided June 3, 1963
    Decree entered March 9, 1964— Amended decree entered February 28, 1966 — Argued October 10, 1978 — Decided and supplemental decree entered January 9, 1979
    
      Ralph E. Hunsaker argued the cause for complainant.
    
      Douglas B. Noble, Deputy Attorney General of California, argued the cause for defendant State of California et al. Robert P. Will argued the cause for defendant Metropolitan Water District of Southern California et al. ■
    With Messrs. Hunsaker, Noble, and Will on the responses of the State of Arizona et al. to both motions to intervene were Evelle J. Younger, Attorney General of California, Sanford N. Gruskin, Chief Assistant Attorney General, R. H. Connett and N. Gregory Taylor, Assistant Attorneys General, Edwin J. Dubiel, Emil Stipanovich, Jr., and Anita E. Ruud, Deputy Attorneys General, Roy H. Mann, Maurice C. Sherrill, R. L. Knox, Jr., Burt Pines, Gilbert W. Lee, John W. Witt, C. M. Fitzpatrick, Joseph Kase, Jr., Robert List, Attorney General of Nevada, Lyle Rivera, Chief Deputy Attorney General, Brian McKay, Deputy Attorney General, and Thomas G. Nelson.
    
    With Mr. Noble on the response of the State of California et al. to the motion to intervene of the Colorado River Indian Tribes et al. were Messrs. Younger, Gruskin, Connett, Taylor, 
      
      Dubiel, Stipanovich, Ms. Ruud, Messrs. Sherrill, Knox, List, Rivera, McKay, and Nelson.
    
    With Mr. Will on the response of the Metropolitan Water District of Southern California et al. to the motion to intervene of the Colorado River Indian Tribes et al. were Messrs. Pines, Lee, Witt, Fitzpatrick, and Kase.
    
    
      Raymond C. Simpson argued the cause and filed briefs for the Fort Mojave Indian Tribe et al.
    
      Lawrence D. Aschenbrenner argued the cause for the Co-copah Indian Tribe.
    
      Terry Noble Fiske argued the cause for the Colorado River Indian Tribes.
    
      Louis F. Claiborne argued the cause for the United States. On the memorandums for the United States were Solicitor General McCree, Assistant Attorney General Moorman, and Myles E. Flint.
      
    
    
      
      
        Domald D. Stark filed a brief as amicus curiae.
      
    
   Pee Cukiam

and Supplemental Deceee.

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

(1) The following listed present perfected rights relate to the quantity of water which may be used by each claimant and the list is not intended to limit or redefine the type of use otherwise set forth in said Decree.
(2) This determination shall in no way affect future adjustments resulting from determinations relating to settlement of Indian reservation boundaries referred to in Art. II (D) (5) of said Decre^.
(3) Article IX of said Decree is not affected by this list of present perfected rights.
(4) Any water right listed herein may be exercised only for beneficial uses.
(5) In the event of a determination of insufficient mainstream water to satisfy present perfected rights pursuant to Art. II (B) (3) of said Decree, the Secretary of the Interior shall, before providing for the satisfaction of any of the other present perfected rights except for those listed herein as “MISCELLANEOUS PRESENT PERFECTED RIGHTS” (rights numbered 7-21 and 29-80 below) in the order of their priority dates without regard to State lines, first provide for the satisfaction in full of all rights of the Chemehuevi Indian Reservation, Cocopah Indian Reservation, Fort Yuma Indian Reservation, Colorado River Indian Reservation, and the Fort Mojave Indian Reservation as set forth in Art. II (D)(l)-(5) of said Decree, provided that the quantities fixed in paragraphs (1) through (5) of Art. II (D) of said Decree shall continue to be subject to appropriate adjustment by agreement or decree of this Court in the event that the boundaries of the respective reservations are finally determined. Additional present perfected rights so adjudicated by such adjustment shall be in annual quantities not to exceed the quantities of mainstream water necessary to supply the consumptive use required for irrigation of the practicably irrigable acres which are included within any area determined to be within a reservation by such final determination of a boundary and for the satisfaction of related uses. The quantities of diversions are to be computed by determining net practicably irrigable acres within each additional area using the methods set forth by the Special Master in this case in his Report to this Court dated December 5, 1960, and by applying the unit diversion quantities thereto, as listed below:
Unit Diversion Quantity Acre-Feet Indian Reservation Per Irrigable Acre
Cocopah 6.37
Colorado River 6.67
Chemehuevi 5.97
Ft. Mojave 6.46
Ft. Yuma 6.67
The foregoing reference to a quantity of water necessary to supply consumptive use required for irrigation, and as that provision is included within paragraphs (1) through (5) of Art. II (D) of said Decree, shall constitute the means of determining quantity of adjudicated water rights but shall not constitute a restriction of the usage of them to irrigation or other agricultural application. If all or part of the adjudicated water rights of any of the five Indian Reservations is used other than for irrigation or other agricultural application, the total consumptive use, as that term is defined in Art. I (A) of said Decree, for said Reservation shall not exceed the consumptive use that would have resulted if the diversions listed in subparagraph (i) of paragraphs (1) through (5) of Art. II (D) of said Decree and the equivalent portions of any supplement thereto had been used for irrigation of the number of acres specified for that Reservation in said paragraphs and supplement and for the satisfaction of related uses. Effect shall be given to this paragraph notwithstanding the priority dates of the present perfected rights as listed below. However, nothing in this paragraph (5) shall affect the order in which such rights listed below as “MISCELLANEOUS PRESENT PERFECTED RIGHTS” (numbered 7-21 and 29-80 below) shall be satisfied. Furthermore, nothing in this paragraph shall be construed to determine the order of satisfying any other Indian water rights claims not herein specified.

I

ARIZONA

A. Federal Establishments’ Present Perfected Rights

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

Defined Area of Land Annual Diversions Net Priority (acre-feet) Acres1 Date
1) Cocopah Indian Reservation 2,744 431 Sept. 27, 1917
2) Colorado River Indian Reservation 358,400 53,768 Mar. 3, 1865 252,016 37,808 Nov. 22, 1873 51,986 7,799 Nov. 16, 1874
3) Fort Mojave Indian Reservation 27,969 4,327 Sept. 18, 1890 68,447 10,589 Feb. 2, 1911

B. Water Projects’ Present Perfected Rights

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

Defined Area of Land Annual Diversions Priority (acre-feet) Date

7) 160 acres in Lots 21, 24, and 25, Sec. 29 and Lots 15, 16, 17 and 18, and the SW% of the SE^, Sec. 30, T.16S., R.22E., San Bernardino Base and Meridian, Yuma County, Arizona. (Powers) 2 960 1915

8) Lots 11, 12, 13, 19, 20, 22 and SVs of SW%, Sec. 30, T.16S., R.22E., San Bernardino Base and Meridian, Yuma County, Arizona. (United States) 1,140 1915

Footnotes to table items 7 through 25 are on p. 428.

Defined Area of Land Annual Diversions (acre-feet) Priority-Date

9) 60 acres within Lot 2, Sec. 15 and Lots 1 and 2, Sec. 22, T.10N., R.19W, G&SRBM. (Graham) 2 360 1910

10) 180 acres within the N% of the S% and the S% of the N% of See. 13 and the SW% of the NE14 of Sec. 14, T.18N., R.22W., G&SRBM. (Hulet)2 1,080 1902

11) 45 acres within the NE% of the SW1^, the SW% of the SW% and the SE% of the SW% of Sec. 11, T.18N., R.22W., G&SRBM. 80 acres within the N% of the SW% of Sec. 11, T.18N., R.22W., G&SRBM. 10 acres within the NW% of the NE% of the NE% of Sec. 15, T.18N., R.22W., G&SRBM. 40 acres within the SE% of the SE^4 of Sec. 15, T.18N., R.22W., G&SRBM. (Hursehler) 1,050 1902

12) 40 acres within Sec. 13, T.17N., R.22W., G&SRBM. (Mifier)2 240 1902

13) 120 acres within Sec. 27, T.18N., R.21W.,) G&SRBM. 15 acres within the NW14 of the NW%, Sec. 23, T.18N., R.22W., G&SRBM. (McKellips and Granite Reef Farms) 810 1902

14) 180 acres within the NW% of the NE^, the SW^ of the NE(4, the NE% of the SW%, the NW% of the SE%, the NE% of the SE%, and the SW*4 of the SE%, and the SE% of the SE^, Sec. 31, T.18N., R.21W., G&SRBM. (Sherrill & Lafollette) 4 1,080 1902

Defined Area of Land Annual Diversions (acre-feet) Priority Date

16) 53.89 acres as follows: Beginning at a point 995.1 feet easterly of the NW comer of the NE% of Sec. 10, T.8S., R.22W., Gila and Salt River Base and Meridian; on the northerly boundary of the said NE%, which is the true point of beginning, then in a southerly direction to a point on the southerly boundary of the said NE% which is 991.2 feet E. of the SW comer of said NE% thence easterly along the S. line of the NE%, a distance of 807.3 feet to a point, thence N. 0°7' W., 768.8 feet to a point, thence E. 124.0 feet to a point, thence northerly 0°14' W., 1,067.6 feet to a point, thence E. 130 feet to a point, thence northerly 0°20' W., 405.2 feet to a point, thence northerly 63° 10' W., 506.0 feet to a point, thence northerly 90° 15' W., 562.9 feet to a point on the northerly boundary of the said NE^, thence easterly along the said northerly boundary of the said NE^, 116.6 feet to the true point of the beginning containing 53.89 acres. All as more particularly described and set forth in that survey executed by Thomas A. Yowell, Land Surveyor on June 24, 1969. (Molina) 4 318 1928

16) 60 acres within the NW1/^ of the NW% and the north half of the SW% of the NW^A of Sec. 14, T.8S., R.22W., G&SRBM. 70 acres within the S% of the SW^A of the ’ SW^, and the W% of the SW%, Sec. 14, T.8S., R.22W., G&SRBM. (Sturges) 4 780 1925

17) 120 acres within the N% NE^, NE% NW%, Section 23, T.18N., R.22W., G&SRBM. (Zozaya) 4 720 1912

Defined Area of Laud Annual Diversions Priority (acre-feet) Date

18) 40 acres in the W% of the NE% of Section 30, and 60 acres in the W% of the SE% of Section 30, and 60 acres in the E% of the NW% of Section 31, comprising a total of 160 acres all in Township 18 North, Range 21 West of the G&SRBM. (Swan) 4 960 1902

19) 7 acres in the East 300 feet of the W% of Lot 1 (Lot 1, being the SE1^ SE1^, 40 acres mofe 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% of Lot 1 within the natural bed of the Colorado River below the line of ordinary high water and also EXCEPTING any artificial accretions water-ward of said line of ordinary high water, all of which comprises approximately seven (7) acres. (Milton and Jean Phillips) 4 42 1900

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

Annual Annual Consumptive Diversions Use Priority Defined Area of Land (acre-feet) (acre-feet) Date

20) City of Parker2 t-i CD O Ox O O O CO CD

21) City of Yuma2 f — i QO CD ÜO OO t*CO CO CO <N

II

CALIFORNIA

A. Federal Establishments’ Present Perfected Rights

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

Annual Diversions Net Priority Defined Area of Land _ (acre-feet) Acres5 Date

1,900 Feb. 2,1907 22) Chemehuevi Indian Reservation 11,340

7,743 Jam. 9,1884 23) Yuma Indian Reservation 51,616

Nov. 22,1873 Nov. 16,1874 May 15,1876 24) Colorado River Indian Reservation 10,745 40,241 3,760 Qi 1 — i Ox W0 'Oi Q CO H lil Nl W

2119 Sept. 18,1890 25) Fort Mojave Indian Reservation 13,698

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 (non-Indian portion) in annual quantities not to exceed (i) 38,270 acre-feet of diversions from the mainstream or (ii) the quantity of mainstream water necessary to supply the consumptive use required for irrigation of 6,294 acres and for the satisfaction of related uses, whichever of (i) or (ii) is less, with a priority date of July 8, 1905.

C. Miscellaneous Present Perfected Rights

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

Annual Diversions Priority Defined Area of Land (acre-feet) Date

29) 130 acres within Lots 1, 2, and 3, SE(4 of 780 1856 NE*4 of Section 27, T.16S., R.22E., S.B.B. & M. (Wavers)6

Footnotes to table items 29 through 80 are on p. 435.

Annual Diversions Defined Area of Land (acre-feet) Priority Date

30) 40 acres within W%, W% of E% of Section 1, 240 T.9N., R.22E., S.B.B. & M. (Stephenson) 8 1923

31) 20 acres within Lots 1 and 2, Sec. 19, T.13S., 120 R.23E., and Lots 2, 3, and 4 of Sec. 24, T.13S., R.22E., S.B.B. & M. (Mendivil)6 1893

32) 30 acres within NW% of SE%, S% of SE^, 180 Sec. 24, and NW% of NE%, Sec. 25, all in T.9S., R.21E., S.B.B. & M. (Grannis)6 1928

33) 25 acres within Lot 6, Sec. 5; and Lots 1 and 2, 150 SW% of NEÜ, and NE% of SE% of Sec. 8, and Lots 1 & 2 of Sec. 9, all in T.13S., R.22E., S.B.B. & M. (Morgan)6 1913

34) 18 acres within E% of NW% and W% of 108 NE% of Sec. 14, T.10S., R.21E., S.B.B. & M. (Milpitas) 6 1918

35) 10 acres within of NE%, SE% of NE%, 60 and NE% of SE*4, Sec. 30, T.9N., R.23E., S.B.B. & M. (Simons) 6 1889

36) 16 acres within E% of NW% and N% of 96 SW14, See. 12, T.9N., R.22E., S.B.B. & M. (Colo. R. Sportsmen’s League) 8 1921

37) 11.5 acres within E% of NW1^, Sec. 1, T.10S., 69 R.21E., S.B.B. & M. (Milpitas) 8 1914

38) 11 acres within S% of SW%, Sec. 12, T.9N., 66 R.22E., S.B.B. & M. (Andrade) 8 1921

39) 6 acres within Lots 2, 3, and 7 and NE% of 36 SW%, Sec. 19, T.9N., R.23E., S.B.B. & M. (Reynolds)8 1904

Defined Area of Land Annual Diversions Priority (acre-feet) Date

40) 10 acres within N% of NE%, SE% of NE^ 60 1905 and NE% of SE%, Sec. 24, T.9N., R.22E., S.B.B. & M. (Cooper)6

41) 20 acres within SW% of SW% (Lot 8), Sec. 19, 120 1925 T.9N., R.23E., S.B.B. & M. (Chagnon) 7

42) 20 acres within NE& of SW%, NV2 of SE%, 120 1915 SWA of SE&, 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 Consumptive Diversions Use Priority Defined Area of Land (acre-feet) (acre-feet) Date

43) City of Needles 1,500 950 1885

44) Portions of: Secs. 5, 6, 7 & 8, T.7N., 1,260 273 1896 R.24E.; Sec. 1, T.7N., R.23E.; Secs. 4, 5, 9, 10, 15, 22, 23, 25, 26, 35, & 36, T.8N., R.23E.; Secs. 19, 29, 30, 32 & 33, T.9N., R.23E., S.B.B. & M. (Atchison, Topeka and Santa Fe Railway Co.) 6

45) Lots 1, 2, 3, 4, 5, & SW% NW±4 of 1.0 0.6 1921 Sec. 5, T.13S., R.22E., S.B.B. & M. (Conger)7

Annual Annual Consumptive Diversions Use Defined Area of Land (acre-feet) (acre-feet) Priority Date

46) Lots 1, 2, 3, 4 of Sec. 32, T.11S., R.22E., 1.0 S.B.B. & M. (G. Draper) 7 0.6 1923

47) Lots 1, 2, 3, 4, and SE% SW% of Sec. 1.0 20, T.11S., R.22E., S.B.B. & M. (McDonough) 7 0.6 1919

48) SW*4 of See. 25, T.8S., R.22E., S.B.B. 1.0 & M. (Faubion) 7 0.6 1925

49) Wy2 NW% of Sec. 12, T.9N., R.22E., 1.0 S.B.B. & M. (Dudley) 7 0.6 1922

50) N% SEy, and Lots 1 and 2 of Sec. 13, 1.0 T.8S., R.22E., S.B.B. & M. (Douglas) 7 0.6 1916

51) N% SWÁ, NW% SE%, Lots 6 and 7, 1.0 Sec. 5, T.9S., R.22E., S.B.B. & M. (Beauchamp) 7 0.6 1924

52) NE*4 SE%, SE% NE%, and Lot 1, 1.0 Sec. 26, T.8S., R.22E., S.B.B. & M. (Clark) 7 0.6 1916

53) N% SW%, NW% SEyé, SW% NE%, 1.0 Sec. 13, T.9S., R.21E., S.B.B. & M. (Lawrence) 7 0.6 1915

54) N% NE%, W/z NWVi, Sec. 13, T.9S., 1.0 R.21E., S.B.B. & M. (J. Graham) 7 0.6 1914

55) SE%, Sec. 1, T.9S., R.21E., S.B.B. & M. 1.0 (Geiger)7 0.6 1910

Annual Diversions Defined Area of Land (acre-feet) Annual Consumptive Use (acre-feet) Priority-Date

56) Fractional of SW% (Lot 6) Sec. 1.0 6, T.9S., R.22E., S.B.B. & M. (Schneider) 7 0.6 1917

57) Lot 1, See. 15; Lots 1 & 2, Sec. 14; 1.0 Lots 1 & 2, Sec. 23; all in T.13S., R.22E., S.B.B. & M. (Martinez) 7 0.6 1895

58) NE14, Sec. 22, T.9S., R.21E, S.B.B. & 1.0 M. (Earle) 7 0.6 1925

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

60) N% NW%, Ni/2 NE%, Sec. 23, T.9S., 1.0 R.21E., S.B.B. & M. (Reid)7 0.6 1912

61) Wy2 SW%, Sec. 23, T.9S., R.‘2lE., 1.0 S.B.B. & M. (Graham)7 0.6 1916

62) Sy2 NW%, NE% SW%, SW% NE%, 1.0 Sec. 23, T.9S., R.21E., S.B.B. & M. (Cate)7 0.6 1919

63) SE% NE%, Ny2 SE%, SE% SEPA, 1.0 Sec. 23, T.9S., R.21E., S.B.B. & M. (McGee)7 0.6 1924

64) SW% SEPA, SE% SW%, Sec. 23, NE% 1.0 NW%, NW% NE%, Sec. 26; afi in T.9S., R.21E., S.B.B. & M. (Stafiard) 7 0.6 1924

65) W2 SEPA, SE% SE%, Sec. 26, T.9S., 1.0 R.21E., S.B.B. & M. (Randolph)7 0.6 1926

Annual Diversions Defined Area of Land (acre-feet) Annual Consumptive Use (acre-feet) Priority Date

66) E% NE%, SW% NE%, SE% NW%, 1-0 Sec. 26, T.9S., R.21E., S.B.B. & M. (Stallard)7 0.6 1928

67) S% SWJ4, See. 13, N% NW%, Sec. 1.0 24; all in T.9S., R.21E., S.B.B. & M. (Keefe)7 0.6 1926

68) SE14 NW%, NW% SE%, Lots 2, 3 & 1.0 4, Sec. 25, T.13S., R.23E., S.B.B. & M. (C. Ferguson)7 0.6 1903

69) Lots 4 & 7, Sec. 6; Lots 1 & 2, Sec. 7; 1.0 all in T.14S., R.24E., S.B.B. & M. (W. Ferguson)7 0.6 1903

70) SW(4 SE}4, Lots 2, 3, and 4, Sec. 24, 1.0 T.12S., R.21E., Lot 2, Sec. 19, T.12S., R.22E., S.B.B. & M. (Vaulin)7 0.6 1920

71) Lots 1, 2, 3 and 4, Sec. 25, T.12S., 1.0 R.21E., S.B.B. & M. (Salisbury)7 0.6 1920

72) Lots 2, 3, SE% SE%, Sec. 15, NE% 1.0 NE%, Sec. 22; all in T.13S., R.22E., 5.B.B. & M. (Hadlock)7 0.6 1924

73) SW% NE%, SE(4 NW)4, and Lots 7 1.0 & 8, Sec. 6, T.9S., R.22E., S.B.B. & M. (Streeter) 7 0.6 1903

74) Lot 4, Sec. 5; Lots 1 & 2, Sec. 7; Lots 1.0 1 & 2, Sec. 8; Lot 1, Sec. 18; all in T.12S., R.22E., S.B.B. & M. (J. Draper) 7 0.6 1903

Defined Area of Land Annual Annual Consumptive Diversions Use (acre-feet) (acre-feet) Priority-Date

75) SW% NW%, Sec. 5; SE% NE% and 1.0 Lot 9, Sec. 6; all in T.9S., R.22E., S.B.B. & M. (Fitz) ^ 0.6 1912

76) NW% NE%, Sec. 26; Lots 2 & 3, 1.0 W/2 SE%, Sec. 23; all in T.8S., R.22E., S.B.B. & M. (Williams)7 0.6 1909

77) Lots 1, 2, 3, 4, & 5, Sec. 25, T.8S., 1.0 R.22E., S.B.B. & M. (Estrada)7 0.6 1928

78) S% NW%, Lot 1, frac. NE% SW%, 1.0 Sec. 25, T.9S., R.21E., S.B.B. & M. (Whittle)7 0.6 1925

79) W/z NW%, See. 25; S% SW%, Sec. 1.0 24; all in T.9S., R.21E., S.B.B. & M. (Corington)7 0.6 1928

80) Sy2 NW%, N% SW%, See. 24, T.9S., 1.0 R.21E., S.B.B. & M. (Tolliver) 0.6 1928

III

NEVADA

A. Federal Establishments’ Present Perfected Rights

The federal establishments named in Art. II, subdivision (D), paragraphs (5) and (6) of the Decree entered on March 9, 1964, in this case, such rights having been decreed by Art. II:

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

81) 12,534 1,939 s Sept. 18,1890 Fort Mojave Indian Reservation

300 May 3, 1929 82) Lake Mead National Recreation 500 Area (The Overton Area of Lake Mead N.R.A. provided in Executive Order 5105)

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

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

It is further ordered that if the position of Special Master in this case becomes vacant during a recess of the Court, The Chief Justice shall have authority to make a new designation which shall have the same effect as if originally made by the Court.

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

Mb. Justice Marshall took no part in the consideration or decision of this case. 
      
       The quantity of water in each instance is measured by (i) diversions or (ii) consumptive use required for irrigation of the respective acreage and for the satisfaction of related uses, whichever of (i) or (ii) is less.
     
      
       The names in parentheses following the description of the “Defined Area of Land” are used for identification of present perfected rights only; the name used is the first name appearing as the Claimants identified with a parcel in Arizona’s 1967 list submitted to this Court.
     
      
       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.
     
      
       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.
     
      
       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.
     
      
       The names in parentheses following the description of the “Defined Area of Land” are used for identification of present perfected rights only; the name used is the first name appearing as the claimant identified with a parcel in California’s 1967 list submitted to this Court.
     
      
       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.
     
      
       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.
     
      
       Refers to acre-feet of annual consumptive use, not to net acres.
     
      
       Article II (D) (6) of said Decree specifies a priority date of March 3, 1929. Executive Order 5105 is dated May 3, 1929 (see C. F. R. 1964 Cumulative Pocket Supplement, p. 276, and the Findings of Fact and Conclusions of La,w of the Special Master’s Report in this case, pp. 294r-295).
     