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    ARIZONA v. CALIFORNIA, 466 U.S. 144 (1983)

    U.S. Supreme Court

    ARIZONA v. CALIFORNIA, 466 U.S. 144 (1983)

    466 U.S. 144

    ARIZONA v. CALIFORNIA ET AL.
    ON BILL OF COMPLAINT
    No. 8, Orig.
    Decided June 3, 1963

    Second supplemental decree entered.

    Opinion reported: 373 U.S. 546 ; decree reported: 376 U.S. 340 ; amended decree reported: 383 U.S. 268 ; opinion and supplemental decree reported: 439 U.S. 419 ; opinion reported: 460 U.S. 605 .

    The Court having, on March 30, 1983, rendered its decision on the several Exceptions to the Final Report of the Special Master herein, approving the recommendation that the Fort Mojave Indian Tribe, the Chemehuevi Indian Tribe, the Colorado River Indian Tribes, the Quechan Indian Tribe, and the Cocopah Indian Tribe be permitted to intervene, approving some of his further recommendations and disapproving others, all as specified in this Court's opinion, 460 U.S. 605 (1983), the following supplemental decree is now entered to implement the decision of March 30, 1983.

    IT IS ORDERED, ADJUDGED, AND DECREED:

    A. Paragraphs (2) and (5) of Article II(D) of the Decree in this case entered on March 9, 1964 ( 376 U.S. 340, 344 -345), are hereby amended to read as follows:

    B. Paragraph I(A) of the Decree of January 9, 1979 ( 439 U.S. 419, 423 ) is hereby amended to read as follows:

    I

    ARIZONA

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

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

    2) Colorado 358,400 53,768 Mar. 3, 1865 River Indian 252,016 37,808 Nov. 22, 1873 Reservation 51,986 7,799 Nov. 16, 1874

    3) Fort Mojave Indian 27,969 4,327 Sept. 18, 1890 Reservation 75,566 11,691 Feb. 2, 1911

    [ Footnote * ] 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. [466 U.S. 144, 146]  

    C. In addition to the mainstream diversion rights in favor of the Indian Reservations specified in Paragraph I(A) of the Decree of January 9, 1979, as amended by Paragraph B of this decree, 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.

    D. Except as otherwise provided herein, the Decree entered on March 9, 1964, and the Supplemental Decree entered on January 9, 1979, shall remain in full force and effect.

    E. The allocation of costs previously made by the Special Master is approved and no further costs shall be taxed in this Court, absent further proceedings after entry of this Decree.

    F. The Special Master appointed by the Court is discharged with the thanks of the Court.

    G. The Court shall retain jurisdiction herein to order such further proceedings and enter such supplemental decree as may be deemed appropriate.

    JUSTICE MARSHALL took no part in the consideration or decision of this matter. [466 U.S. 144, 147]  

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