State of ARIZONA, Plaintiff, v. State of CALIFORNIA et al.
439 U.S. 419
99 S.Ct. 995
58 L.Ed.2d 627
State of ARIZONA, Plaintiff,
v.
State of CALIFORNIA et al.
No. 8, Orig.
Supreme Court of the United States
January 9, 1979.
PER CURIAM and SUPPLEMENTAL DECREE.
The United States of America, Intervenor, State of Arizona, Complainant, the California Defendants (State of California, Palo Verde Irrigation District, Imperial Irrigation District, Coachella Valley County Water District, The Metropolitan Water District of Southern California, City of Los Angeles, City of San Diego, County of San Diego), and State of Nevada, Intervenor, pursuant to Art. VI of the Decree entered in the case on March 9, 1964, at 376 U.S. 340, 84 S.Ct. 755, 11 L.Ed.2d 757, and amended on February 28, 1966, at 383 U.S. 268, 86 S.Ct. 924, 15 L.Ed.2d 743, 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 supplement 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 Decree.
(3) Article IX of said Decree is not affected by this
list of present perfected rights.
(4) Any water right listed herein may be exercised only for beneficial uses.
(5) In the event of a determination of insufficient mainstream water to satisfy present perfected rights pursuant to Art. II(B)(3) of said Decree, the Secretary of the Interior shall, before providing for the satisfaction of any of the other present perfected rights except for those listed herein as "MISCELLANEOUS PRESENT PERFECTED RIGHTS" (rights numbered 7-21 and 29-80 below) in the order of their priority dates without regard to State lines, first provide for the satisfaction in full of all rights of the Chemehuevi Indian Reservation, Cocopah Indian Reservation, Fort Yuma Indian Reservation, Colorado River Indian Reservation, and the Fort Mojave Indian Reservation as set forth in Art. II(D)(1)-(5) of said Decree, provided that the quantities fixed in paragraphs (1) through (5) of Art. II(D) of said Decree shall continue to be subject to appropriate adjustment by agreement or decree of this Court in the event that the boundaries of the respective reservations are finally determined. Additional present perfected rights so adjudicated by such adjustment shall be in annual quantities not to exceed the quantities of mainstream water necessary to 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.
Table
* 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:
Annual
Diversions Net Priority
Defined Area of Land (acre-feet)5 Acres5 Date
1) Cocopah Indian Reservation 2744 431 Sept. 27, 1917
2) Colorado River Indian 358,400 53,768 Mar. 3, 1865
Reservation
252,016 37308 Nov. 22, 1873
51,986 7,79 Nov. 16, 1874
3) Fort Mojave Indian Reservation 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:
Annual
Diversions Priority
Defined Area of Land (acre-feet) Date
----------------- -----------
7)
160 acres in Lots 21, 24, 25, Sec. 29 and 960 1915
Lots 15, 16, 17 and 18, and the SW1/4 of the
SE1/4, Sec. 30, T.16S., R22E., San Bernardino
Base and Meridian, Yuma County, Arizona.(Powers)2
8)
Lots 11, 12, 13 19, 20, 22, and S1/2 of SW1/4, 1,140 1915
Sec. 30, T.16S., R22E., San Berardino Base
and Meridian, Yuma County, Arizona. (United States)3
NOTE: Footnotes to table items 7 through 25 are on p. 428
Annual
Diversions Priority
Defined Area of Land (acre-feet) Date
---------------- -----------
9)
60 acres within Lot2, Sec. 15 and Lots 1 and 2, 360 1902
Sec. 22 T.10N., R.19W, G&SRBM. (Graham)2
10)
180 acres within the N1/2 of the S1/2 and the
S1/2 of the N1/2 of Sec. 13 and the SW1/4 of the 1,080 1902
NE1/4 of Sec. 14, T.18., R.22W., G&SRBM.(Hulet)2
11)
45 acres within the NE1/4 of the SW1/14, the
SW1/4 of theSW1/4 and the SE1/4 of the
SW1/4 of sec. 11, T.18N., R.22W., G&SRBM.
80 acres within the n1/2 of the SE1/4 of Sec. 1,050 1902
11.T.18N.,r22W.,G&SRBM.
10 acres within the NW1/4 of the NE1/4 of
Sec. 15, T.18N., R.22W., G & SRBM.
40 acres within the SE1/4 of the SE1/4 of Sec. 15,
T.18N., R.22W., G & SRBM. (Hurschler)2
12) 40 acres within Sec. 13, T.17N., R.22W., G & SRBM. 240 1902
(Miller)2
13) 120 acres within Sec. 27, T.18N., R.21W., G & SRBM.
15 acres within the NW1/4 of the NW1/4, Sec. 23, 810 1902
T.18N., R.22W., G & SRBM. (McKellips and Granite Reef
Farms)4
14) 180 acres within the NW1/4 of the NE1/4, the 1,080 1902
SW1/4 of the NE1/4, the NE1/4 of the SW1/4, the
NW1/4 of the SE1/4, the NE1/4 of the SE1/4, and
the SW1/4 of the SE1/4, and the
SE1/4 of the SE1/4, Sec. 31, T.18N., R.21W., G & SRBM.
(Sherrill & Lafollette)4
Annual
Diversions Priority
Defined Area of Land (acre-feet) Date
--------------- -----------
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.
0x7' W., 768.8 feet to a point, thence E.
124.0 feet to a point, thence northerly 0x
14' W., 1,067.6 feet to a point, thence E.
130 feet to a point, thence northerly 0x20'
W., 405.2 feet to a point, thence northerly 63x
10' W., 506.0 feet to a point, thence northerly
90x 15' W., 562.9 feet to a point on the
northerly boundary of the said NE1/4, thence
easterly along the said northerly boundary of
the said NE1/4, 116.6 feet to the true point of
the beginning containing 53.89 acres. All as
more particularly described and set forth in
that survey executed by Thomas A. Yowell,
Land Surveyor on June 24, 1969. (Molina)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 S1/2 of the SW1/4 of the SW1/4 780 1925
and the W1/2 of the SW1/4, Sec. 14, T.8S., R.22W.,
G & SRBM. (Sturges)4
17)120 acres within the N1/2 NE1/4, NE1/4 NW1/4,
Section 23, T.18N., R.22W., G & SRBM. (Zozaya)4 720 1912
Annual
Diversions Priority
Defined Area of Land (acre-feet) Date
--------------- -------------
18)
40 acres in the W1/2 of the NE1/4 of Section 30,
and 60 acres in the W1/2 of the SE1/4 of Section
30, and 60 acres in the E1/2 of the NW1/4 of
Section 31, comprising a total of 160 acres all in
Township 18 North, Range 21 West of the G & SRBM. (Swan)4 960 1902
19)
7 acres in the East 300 feet of the W1/2 of Lot 1
(Lot 1, being the SE1/4 SE1/4, 40 acres more or less),
Section 28, Township 16 South, Range 22 East,
San Bernardino Meridian, lying North of U.S. Bureau
of Reclamation levee right of way. EXCEPT that
portion conveyed to the United States of America
by instrument recorded in Docket 417, page 150
EXCEPTING any portion of the East 300 feet of
W1/2 of Lot 1 within the natural bed of the
Colorado River below the line of ordinary high
water and also EXCEPTING any artificial accretions
waterward of said line of ordinary high water,
all of which comprises approximately seven (7) acres.
(Milton and Jean Phillips)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 630 400 1905
21) City of Yuma2 2,333 1,478 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 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)5 Acres5 Date
22)
Chemehuevi Indian Reservation 11,340 1,900 Feb. 2, 1907
23)
Yuma Indian Reservation 51,616 7,743 Jan. 9,1884
24)
Colorado River Indian Reservation 10,745 1,612 Nov. 22, 1873
40,241 6,037 Nov. 16, 1874
3,760 564 May 15, 1876
25)
Fort Mojave Indian Reservation 13,698 2,119 Sept. 18, 1890
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,
SE1/4 of NE1/4 of Section 27, T.16S.,
R.22E., S.B.B. & M (Wavers)
6780 1856
NOTE:Footnotes to table items 29 through are on p. 435 Annual
Diversions Priority
Defined Area of Land (acre feet) Date
30)
acres within W1/2, W1/2 of E1/2 of Section 1,
T.9N., R.22E., S.B.B. & M. (Stephenson)6 240 1923
31)
acres within Lots 1 and 2, Sec. 19, T.13S.,
R.23E., and Lots 2, 3, and 4 of Sec. 24, T.13S.,
R.22E., S.B.B. & M. (Mendivil)6 120 1893
32)
acres within NW1/4 of SE1/4, S1/2 of SE1/4,
Sec. 24, and NW1/4 of NE1/4, Sec. 25, all in
T.9S., R.21E., S.B.B. & M. (Grannis)6 180 1928
33)
acres within Lot 6, Sec. 5; and Lots 1 and 2,
SW1/4 of NE 1/4, 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)6 150 1913
34)
acres within E1/2 of NW1/4 and W1/2 of
NE1/4 of Sec. 14, T.10S., R.21E., S.B.B. & M.
(Milpitas)6 108 1918
35)
acres within N1/2 of NE1/4, SE1/4 of NE1/4,
and NE1/4 of SE1/4 Sec. 30, T. 9 N., R. 23 E.,
S.B.B. & M. (Simons)6 60 1889
36)
acres within E1/2 of NW1/4 and N1/2
of SW1/4, Sec. 12, T.9N., R.22E.,
S.B.B. & M. (Colo.R. Sportsmen's League)6 96 1921
37)
acres within Lots 2, 3, and 7 and NE1/4
of SW1/4, Sec. 19, T.9N., R.23E.,
S.B.B. & M. (Reynolds)6 36 1904 Annual
Diversions Priority
Defined Area of Land (acre feet) Date
40)
acres within N1/2 of NE1/4, SE1/4 of
NE1/4 and NE1/4 of SE1/4 Sec. 24, T.9N.,
R.22E., S.B.B. & M. (Cooper)6 60 1905
41)
acres within NE1/4 of SW1/4, N1/2 of
SE1/4, SE1/4 of SE1/4, Sec. 14, T.9S.,
R.21E., S.B.B. & M. (Lawrence)7 120 1915
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
----------------- ---------------
Annual
Annual Consumptive
Diversions Use Priority
Defined Area of Land (acre-feet) (acre-feet) Date
----------------- ---------------
Annual
Annual Consumptive
Diversions Use Priority
Defined Area of Land (acre-feet) (acre-feet) Date
----------------- ---------------
Annual
Annual Consumptive
Diversions Use Priority
Defined Area of Land (acre-feet) (acre-feet) Date
----------------- ---------------
Annual
Annual Consumptive
Diversions Use Priority
Defined Area of Land (acre-feet) (acre-feet) Date
----------------- ---------------
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)
Fort Mojave Indian Reservation 12,5348 1,9398 Sept. 18, 1890
82)
Lake Mead National Recreation Area 500 3009 May 3, 192910
(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
A. Federal Establishments' Present Perfected Rights—Continued
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.
Mr. Justice MARSHALL took no part in the consideration or decision of this case.
1 The quantity of water in each instance is measured by (i) diversions or (ii) consumptive use required for irrigation of the respective acreage and for the satisfaction of related uses, whichever of (i) or (ii) is less.
2 The names in parentheses following the description of the "Defined Area of Land" are used for identification of present perfected rights only; the name used is the first name appearing as the Claimants identified with a parcel in Arizona's 1967 list submitted to this Court.
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.
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.
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.
43)
City of Needles
6 1,500 950 1885
44)
Portions of: Secs. 5, 6, 7 & 8, 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 and Santa Fe Railway Co.)6 1,260 273 1896
45)
Lots 1, 2, 3, 4, 5, & SW1/4 NW1/4 of
Sec. 5, T.13S., R.22E., S.B.B. & M.
(Conger)
7 1.0 0.6 1921
46)
Lots 1, 2, 3, 4 of Sec. 32, T.11S., R.22E.,
S.B.B. & M. (G. Draper)7 1.0 0.6 1923
47)
Lots 1, 2, 3, 4, and SE1/4 SW1/4 of Sec.
20, T.11s., R.22E., S.B.B. & M. (McDonough)7 1.0 0.6 1919
48)
SW1/4 of Sec. 25, T.8S., R.22E., S.B.B.
& M. (Faubion)
7 1.0 0.6 1925
49)
W1/2 NW1/4 of Sec. 12, T.9N., R.22E., S.B.B.
& M. (Dudley)
7 1.0 0.6 1922
50)
N1/2 SE1/4 and Lots 1 and 2 of Sec. 13,
T.8S., R.22E., S.B.B. & M. (Douglas)7 1.0 0.6 1916
51)
N1/2 SW1/4, NW1/4 SE1/4, Lots 6 and 7,
Sec. 5, T.9S., R22E., S.B.B. & M. (Beauchamp)7 1.0 0.6 1924
52)
NE1/4 SE1/4, SE1/4 NE1/4, and Lot 1, Sec. 26,
T.8S., R.22E., S.B.B. & M. (Clark)7 1.0 0.6 1916
53)
N1/2 SW1/4, NW1/4 SE1/4, SW1/4 NE1/4, Sec. 13,
T.9S., R.21E., S.B.B. & M. (Lawrence)7 1.0 0.6 1915
54)
N1/2 NE1/4, E1/2 NW1/4, Sec. 13, T.9S., R.21E.,
S.B.B. & M. (J. Graham)7 1.0 0.6 1914
55)
SE1/4, Sec. 1, T.9S., R.21E., S.B.B. & M.
(Geiger)
7 1.0 0.6 1910
56)
Fractional W1/2 of SW1/4 (Lot 6)
Sec. 6, T.9S., R.22E., S.B.B. &
M. (Schneider)7 1.0 0.6 1917
57)
Lot 1, Sec. 15; Lots 1 & 2, Sec. 14;
Lots 1 & 2, Sec. 23; all in T.13S.,
R.22E., S.B.B. & M. (Martinez)7 1.0 0.6 1895
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)
N1/2 NW1/4, N1/2 NE1/4, Sec. 23, T.9S.,
R.21E., S.B.B. & M. (Reid)7 1.0 0.6 1912
61)
W1/2 SW1/4, Sec. 23, T.9S., R.21E.,
S.B.B. & M. (Graham)7 1.0 0.6 1916
62)
S1/2 NW1/4, NE1/4 SW1/4, SW1/4 NE1/4,
Sec. 23, T.9S., R.21E., S.B.B. &
M. (Cate)
7 1.0 0.6 1919
63)
SE1/4 NE1/4, N1/2 SE1/4, SE1/4
SE1/4, Sec. 23, T.9S., R.21E.,
S.B.B. & M. (McGee)71.0 0.6 1924
64)
SW1/4 SE1/4, SE1/4 SW1/4, Sec. 23,
NE1/4 NW1/4, NW1/4 NE1/4, Sec. 26;
all in T.9S., R.21E., S.B.B. & M.
(Stallard)
7 1.0 0.6 1924
65)
W1/2 SE1/4, SE1/4 SE1/4, Sec. 26, T.9S.,
R.21E., S.B.B. & M. (Randolph)7 1.0 0.6 1926
66)
E1/2 NE1/4, SW1/4 NE1/4, SE1/4 NW1/4, Sec.
26, T.9S., R.21E., S.B.B. & M. (Stallard)7 1.0 0.6 1928
67)
S1/2 SW1/4, Sec. 13, N1/2 NW1/4, Sec. 24;
all in T.9S., R.21E., S.B.B. & M. (Keefe)7 1.0 0.6 1926
68)
SE1/4 NW1/4, NW1/4 SE1/4, Lots 2, 3 & 4,
Sec. 25, T.13S., R.23E., S.B.B. & M. (C. Ferguson)7 1.0 0.6 1903
69)
Lots 4 & 7, Sec. 6; Lots 1 & 2, Sec. 7;
all in T.14S., R.24E., S.B.B. & M. (W. Ferguson)7 1.0 0.6 1903
70)
SW1/4 SE1/4, Lots 2, 3, and 4, Sec. 24,
T.12S., R.21E., Lot 2, Sec. 19, T.12S.,
R.22E., S.B.B. & M. (Vaulin)7 1.0 0.6 1920
71)
Lots 1, 2, 3 and 4, Sec. 25, T.12S.,
R.21E., S.B.B. & M. (Salisbury)7 1.0 0.6 1920
72)
Lots 2, 3, SE1/4 SE1/4, Sec. 15, NE1/4
NE1/4, Sec. 22; all in T.13S., R.22E.,
S.B.B. & M. (Hadlock)71.0 0.6 1924
73)
SW1/4 NE1/4, SE1/4 NW1/4, and Lots 7 & 8,
Sec. 6, T.9S., R.22E., S.B.B. & M. (Streeter)7 1.0 0.6 1903
74)
Lot 4, Sec. 5; Lots 1 & 2, Sec. 7;
Lots 1 & 2, Sec. 8; Lot 1, Sec. 18;
all in T.12S., R.22E., S.B.B. & M.
(J. Draper)
7 1.0 0.6 1903
75)
SW1/4 NW1/4, Sec. 5; SE1/4 NE1/4 and
Lot 9, Sec. 6; all in T.9S., R.22E.,
S.B.B. & M. (Fitz)
71.0 0.6 1912
76)
NW1/4 NE1/4, Sec. 26; Lots 2 & 3, W1/2
SE1/4, Sec. 23; all in T.8S., R.22E.,
S.B.B. & M. (Williams)71.0 0.6 1909
77)
Lots 1, 2, 3, 4, & 5, Sec. 25, T.8S.,
R.22E., S.B.B. & M. (Estrada)7 1.0 0.6 1928
78)
S1/2 NW1/4, Lot 1, frac. NE1/4 SW1/4 Sec.
25, T.9S., R.21E., S.B.B. & M. (Whittle)71.0 0.6 1925
79)
N1/2 NW1/4, Sec. 25; S1/2 SW1/4, Sec.
24; all in T.9S., R.21E., S.B.B. & M.
(Corington)
7 1.0 0.6 1928
80)
S1/2 NW1/4, N1/2 SW1/4, Sec. 24, T.9S.,
R.21E., S.B.B. & M. (Tolliver)7 1.0 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
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6 The names in parentheses following the description of the "Defined Area of Land" are used for identification of present perfected rights only; the name used is the first name appearing as the claimant identified with a parcel in California's 1967 list submitted to this Court.
7 The names in parenthesis 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.
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 consumptive use, not to net acres.
10 Article II (D)(6) of said Decree specifies a priority date of March 3, 1929. Executive Order 5105 is dated May 3, 1929 (see. C.F.R.1964 Cumulative Pocket Supplement, p. 276, and the Findings of Fact and Conclusions of Law of the Special Master's Report in this case, pp. 294-295).
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