Arizona v. California

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

Decree

SUPREME COURT OF THE UNITED STATES
STATE OF ARIZONA v. STATE OF CALIFORNIA
ON BILL OF COMPLAINT
No. 8, Orig. Decree entered March 27, 2006

The final settlement agreements are approved, the joint
motion for entry of decree is granted, and the proposed
consolidated decree is entered. Frank J. McGarr, Esq., of
Downers Grove, Illinois, the Special Master in this case, is
hereby discharged with the thanks of the Court.

CONSOLIDATED DECREE
On January 19, 1953, the Court granted the State of
Arizona leave to file a bill of complaint against the State of
California and seven of its public agencies, Palo Verde
Irrigation District, Imperial Irrigation District, Coachella
Valley County Water District, Metropolitan Water District
of Southern California, City of Los Angeles, City of San
Diego and County of San Diego. 344 U. S. 919. The
United States and the State of Nevada intervened. 344
U. S. 919 (1953) (intervention by the United States); 347
U. S. 985 (1954) (intervention by Nevada). The State of
New Mexico and the State of Utah were joined as parties.
350 U. S. 114, 115 (1955). The Court referred the case to
George I. Haight, Esquire, and upon his death to Simon H.
Rifkind, Esquire, as Special Master. 347 U. S. 986 (1954);
350 U. S. 812 (1955). On January 16, 1961, the Court
received and ordered filed the report of Special Master
Rifkind. 364 U. S. 940. On June 3, 1963, the Court filed
an opinion in the case, 373 U. S. 546, and on March 9,
1964, the Court entered a decree in the case. 376 U. S.
340.
On February 28, 1966, the Court granted the joint mo-
tion of the parties to amend Article VI of the decree, and
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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, denied in part the motion to
intervene of the Fort Mojave Indian Tribe, and otherwise
referred the case and the motions to intervene of the Fort
Mojave Indian Tribe and the Colorado River Indian
Tribes, et al., to Judge Elbert Tuttle as Special Master.
439 U. S. 419, 437. On April 5, 1982, the Court received
and ordered filed the report of Special Master Tuttle. 456
U. S. 912. On March 30, 1983, the Court filed an opinion
rendering a decision on the several exceptions to the 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 Yuma 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 single 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 Fort Yuma Indian Reservation.
Accordingly,
IT IS ORDERED, ADJUDGED, AND DECREED
Except where the text of this decree differs from the
previous decrees, this decree does not vacate the previous
decrees nor alter any of their substantive provisions, and
all mandates, injunctions, obligations, privileges, and
requirements of this decree are deemed to remain effective
as of the date of their respective entry in the prior decrees.
Entry of this decree shall not affect the validity or effect
4 ARIZONA v. CALIFORNIA

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of, nor affect any right or obligation under, any existing
statute, regulation, policy, administrative order, contract,
or judicial decision or judgment in other actions that
references any of the previous decrees, and any such 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
 Cite as: 547 U. S. ____ (2006) 5

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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 rights” means perfected rights,
as here defined, existing as of June 25, 1929, the effective
date of the Boulder Canyon Project Act;
(I) “Domestic use” shall include the use of water for
household, stock, municipal, mining, milling, industrial,
and other like purposes, but shall exclude the generation
of electrical power;
(J) “Annual” and “Year,” except where the context may
otherwise require, refer to calendar years;
(K) Consumptive use of water diverted in one State for
consumptive use in another State shall be treated as if
diverted in the State for whose benefit it is consumed.

II. The United States, its officers, attorneys, agents and
employees be and they are hereby severally enjoined:
(A) From operating regulatory structures controlled by
the United States and from releasing water controlled by
the United States other than in accordance with the 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 public 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 uses, or for any other reason,
nothing in this decree shall be construed as prohibit-
ing the Secretary of the Interior from releasing such
apportioned but unused water during such year for
consumptive use in the other States. No rights to the
recurrent use of such water shall accrue by reason of
the use thereof;
(C) From applying the provisions of Article 7(d) of the
Arizona water delivery contract dated February 9, 1944,
and the provisions of Article 5(a) of the Nevada water
delivery contract dated March 30, 1942, as amended by
8 ARIZONA v. CALIFORNIA

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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 perfected rights and rights
under contracts theretofore made with water users in such
State under Section 5 of the Boulder Canyon Project Act or
any other applicable federal statute:
(1) The Chemehuevi Indian Reservation in annual
quantities not to exceed (i) 11,340 acre-feet of diver-
sions from the mainstream or (ii) the quantity of
mainstream water necessary to supply the consump-
tive use required for irrigation of 1,900 acres and for
the satisfaction of related uses, whichever of (i) or (ii)
is less, with a priority date of February 2, 1907;
(2) The Cocopah Indian Reservation in annual
quantities not to exceed (i) 9,707 acre-feet of diver-
sions from the mainstream or (ii) the quantity of
mainstream water necessary to supply the consump-
tive use required for irrigation of 1,524 acres and for
the satisfaction of related uses, whichever of (i) or (ii)
is less, with priority dates of September 27, 1917, for
lands reserved by the Executive Order of said date;
June 24, 1974, for lands reserved by the Act of June
24, 1974 (88 Stat. 266, 269);
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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 Executive Order of said date,
except as later modified; May 15, 1876, for lands re-
served by the Executive Order of said date; November
22, 1915, for lands reserved by the Executive Order of
said date;
(5) The Fort Mojave Indian Reservation in annual
quantities not to exceed (i) 132,789 acre-feet of 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-
10 ARIZONA v. CALIFORNIA

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der of said date (No. 5105), and April 25, 1930, for
lands reserved by the Executive Order of said date
(No. 5339);
(7) The Havasu Lake National Wildlife Refuge in
annual quantities reasonably necessary to fulfill the
purposes of the Refuge, not to exceed (i) 41,839 acre-
feet 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 the
purposes of the Refuge not to exceed (i) 28,000 acre-
feet 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 in said 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 permitting the diversion of water
from San Simon Creek, its tributaries and underground
water sources for the irrigation of more than a total of
2,900 acres during any one year, and from exceeding a
total consumptive use of such water, for whatever purpose,
12 ARIZONA v. CALIFORNIA

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of 72,000 acre-feet during any period of ten consecutive
years; and from exceeding a total consumptive use of such
water, for whatever purpose, of 8,220 acre-feet during any
one year;
(B) From diverting or permitting the diversion of water
from the San Francisco River, its tributaries and 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 permitting 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 Virden
Valley, New Mexico), for whatever purpose, of 15,895 acre-
feet during any one year;
 Cite as: 547 U. S. ____ (2006) 13

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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:
Subdivision and
Owner Legal Description Sec. Twp. Rng. Acreage
Marvin Arnett and Part Lot 3 ............... 6 19S 21W 33.84
J.C. O’Dell. Part Lot 4 ............... 6 19S 21W 52.33
NW1/4 SW1/4 ............ 5 19S 21W 38.36
SW1/4 SW1/4 ............. 5 19S 21W 39.80
Part Lot 1 ............... 7 19S 21W 50.68
NW1/4 NW1/4 ........... 8 19S 21W 38.03
Hyrum M. Pace, SW1/4 NE1/4 ............. 12 19S 21W 8.00
Ray Richardson, SW1/4 NE1/4 ............. 12 19S 21W 15.00
Harry Day and SE1/4 NE1/4 .............. 12 19S 21W 7.00
N. O. Pace, Est.
C. C. Martin ........... S. part SE1/4
SW1/4 SE1/4 .............. 1 19S 21W 0.93
W1/2 W1/2 W1/2
NE1/4 NE1/4 ............. 12 19S 21W 0.51
NW1/4 NE1/4 4 ........... 12 19S 21W 18.01
A. E. Jacobson ........ SW part Lot 1 ......... 6 19S 21W 11.58
W. LeRoss Jones .... E. Central part: 12 19S 21W 0.70
E1/2 E1/2 E1/2
NW1/4 NW1/4.
SW part NE1/4
NW1/4 ....................... 12 19S 21W 8.93
N. Central part:
N1/2 N1/2 NW1/2
SE1/4 NW1/4.
Conrad and James N1/2 N1/2 N1/2
R. Donaldson. SE1/4 ........................ 18 19S 20W 8.00
James D. Free-
stone ......................... Part W1/2 NW1/4 ...... 33 18S 21W 7.79
14 ARIZONA v. CALIFORNIA

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Subdivision and
Owner Legal Description Sec. Twp. Rng. Acreage
Virgil W. Jones ....... N1/2 SE1/4 12 19S 21W 7.40
NW1/4; SE1/4
NE1/4 NW1/4.
Darrell Brooks ........ SE1/4 SW1/4 .............. 32 18S 21W 6.15
Floyd Jones ............. Part N1/2 SE1/4
NE1/4 ........................ 13 19S 21W 4.00
Part NW1/4
SW1/4 NW1/4 ............ 18 19S 20W 1.70
L. M. Hatch ............ SW1/4 SW1/4 ............. 32 18S 21W 4.40
Virden Townsite ..... ....... ........... ............... 3.90
Carl M. Donaldson .. SW1/4 SE1/4 .............. 12 19S 21W 3.40
Part NW1/4 NW1/4
Mack Johnson ........ NE1/4 ........................ 10 19S 21W 2.80
Part NE1/4 NW1/4
NE1/4 ........................ 10 19S 21W 0.0
Part N1/2 N1/2 S1/2
NW1/4 NE1/4 ............ 10 19S 21W 0.10
SE1/4 SE1/4; SW1/4
SE1/4 ........................ 3 19S 21W
Chris Dotz .............. NW1/4 NE1/4; 2.66
NE1/4 NE1/4 ............. 10 19S 21W
Roy A. Johnson ...... NE1/4 SE1/4 SE1/4 ..... 4 19S 21W 1.00
Ivan and Antone NE1/4 SE1/4
Thygerson ............... SE1/4 ......................... 32 18S 21W 1.00
SW1/4 SE1/4
John W. Bonine ...... SW1/4 ....................... 34 18S 21W 1.00
Marion K. Morten- SW1/4 SW1/4 SE1/4
son ........................... .................................. 33 18S 21W 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 rights as between individual
water users in the State of New Mexico; nor shall any-
thing in this Article be construed to affect possible supe-
rior rights of the United States 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 shall prepare and maintain, or
provide for the preparation and maintenance of, and shall
make available, annually and at such shorter intervals as
the Secretary of the Interior shall deem necessary or
advisable, for inspection by interested persons at all 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;
16 ARIZONA v. CALIFORNIA

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(B) Diversions of water from 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 mainstream, 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 federal establishments. Any
named party to this proceeding may present its claim of
present perfected rights or its opposition to the claims of
others. The Secretary of the Interior shall supply similar
information, by March 9, 1967, with respect to the claims
of the United States to present perfected rights within
each State. If the parties and the Secretary of the Interior
 Cite as: 547 U. S. ____ (2006) 17

Decree

are unable at that time to agree on the present perfected
rights to the use of mainstream water in each State, and
their priority dates, any party may apply to the Court for
the determination of such rights by the Court. A list of
present perfected rights, with priority dates, in waters of
the mainstream in the States of Arizona, California, and
Nevada is set forth in Appendix A to this decree and is
incorporated herein by reference.

VII. The State of New Mexico shall, by March 9, 1968,
prepare and maintain, or provide for the preparation and
maintenance of, and shall annually thereafter make 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, stated by legal description
and component acreages and separately as to each of the
areas designated in Article IV of this decree and as to each
of the three streams;
(B) Annual diversions and consumptive uses of water in
New Mexico, from the Gila River, the San Francisco River,
San Simon Creek, and their tributaries and all their 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;
18 ARIZONA v. CALIFORNIA

Decree

(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 further relief. 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.
 Cite as: 547 U. S. ____ (2006) 19

Appendix to Decree

APPENDIX
The present perfected rights to the use of mainstream
water in the States of Arizona, California, and Nevada,
and their priority dates are determined to be as set forth
below, subject to the following:
(1) The following listed present perfected rights relate
to the quantity of water which may be used by each 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 shall in no way affect future
adjustments resulting from determinations relating to
settlement of Indian reservation boundaries referred to in
Art. II(D)(5) of this decree.
(3) Article IX of this decree is not affected by this list of
present perfected rights.
(4) Any water right listed herein may be exercised only
for beneficial uses.
(5) In the event of a determination of insufficient 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 Reservation, Cocopah Indian Reserva-
tion, Fort Yuma Indian Reservation, 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 determined except for the western
20 ARIZONA v. CALIFORNIA

Appendix to Decree

boundaries of the Fort Mojave and Colorado River Indian
Reservations in California and except for the boundaries
of the Fort Yuma Indian Reservation in Arizona and
California. Additional present perfected rights so 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 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 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
 Cite as: 547 U. S. ____ (2006) 21

Appendix to Decree

resulted if the diversions listed in subparagraph (i) of
paragraphs (1) through (5) of Art. II(D) of this decree had
been used for irrigation of the number of acres specified
for that Reservation in said paragraphs and for the satis-
faction of related uses. Effect shall be given to this para-
graph 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 PER-
FECTED RIGHTS” (numbered 7–21 and 29–80 below)
shall be satisfied. Furthermore, nothing in this paragraph
shall be construed to determine the order of satisfying any
other Indian water rights claims not herein specified.
I
ARIZONA

A. Federal Establishments’ Present Perfected Rights
The federal establishments named in Art. II, subdivision
(D), paragraphs (2), (3), (4), and (5) of this decree, such
rights having been decreed in Art. II:
Annual
Diversions Net
Defined Area of Land (Acre-Feet)1 Acres1 Priority Date
1) Cocopah Indian Reservation 7,681 1,206 Sept. 27, 1917
2) Colorado River Indian Reservation 358,400 53,768 Mar. 3, 1865
252,016 37,808 Nov. 22, 1873
51,986 7,799 Nov. 16, 1874
3) Fort Mojave Indian Reservation 27,969 4,327 Sept. 18, 1890
75,566 11,691 Feb. 2, 1911
3a) Fort Yuma Indian Reservation 6,350 952 Jan. 9, 1884

In addition to the mainstream diversion rights in favor of
the Indian Reservations specified in Paragraph I(A) of this
——————
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.
22 ARIZONA v. CALIFORNIA

Appendix to Decree

Appendix, a mainstream diversion right of 2,026 acre-feet
for the Cocopah Reservation shall be charged against the
State of Arizona with a priority date of June 24, 1974.

B. Water Projects’ Present Perfected Rights
(4) The Valley Division, Yuma Project in annual 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 B in 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 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 satis-
faction of related uses within the boundaries of the land
described and with the priority dates listed:
 Cite as: 547 U. S. ____ (2006) 23

Appendix to Decree
Annual
Diversions Priority
Defined Area of Land (acre-feet) Date
7)
160 Acres in Lots 21, 24, and 25, Sec. 29 960 1915
and Lots 15, 16, 17 and 18, and the SW1/4
of the SE1/4, Sec. 30, T.16S., R.22E., San
Bernardino Base and Meridian, Yuma
County, Arizona. (Powers)2
8)
Lots 11, 12, 13, 19, 20, 22 and S1/4 of SW1/4, 1,140 1915
Sec. 30, T.16S., R.22E., San Bernardino
Base and Meridian, Yuma County, Ari-
zona. (United States)
3

9)

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

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

(Graham)2

10)

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

S1/2 of the N1/2 of Sec. 13 and the SW1/4 of

the NE1/4 of Sec. 14, T.18N., R.22W.,

G&SRBM. (Hulet)2

11)

45 acres within the NE1/4 of the SW1/4, the

SW1/4 of the SW1/4 and the SE1/4 of the

SW1/4 of Sec. 11, T.18N., R.22W.,

G&SRBM.

80 acres within the N1/4 of the SW1/4 of Sec.

11, T.18N., R.22W., G&SRBM.
1,050 1902

10 acres within the NW1/4 of the NE1/4 of

the NE1/4 of Sec. 15, T.18N., R.22W.,

G&SRBM.

40 acres within the SE1/4 of the SE1/4 of

Sec. 15, T.18N., R.22W., G&SRBM

(Hurschler)2

——————
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 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

Appendix to Decree
Annual
Diversions Priority
Defined Area of Land (acre-feet) Date
12)
40 acres within Sec. 13, T.17N., R.22W., 240 1902
G&SRBM. (Miller)2
13)
120 acres within Sec. 27, T.18N., R. 22W.,
G&SRBM.
15 acres within the NW1/4 of the NW1/4, 810 1902
Sec. 23, T.18N., R.22W., G&SRBM.
(McKellips and Granite Reef Farms)4
14)
180 acres within the NW1/4 of the NE1/4, 1,080 1902
the SW1/4 of the NE1/4, the NE1/4 of the
SW1/4, the NW1/4 of the SE1/4, the NE1/4 of
the SE1/4, and the SW1/4 of the SE1/4, and
the SE1/4 of the SE1/4, Sec. 31, T.18N.,
R.21W., G&SRBM. (Sherrill & Lafolette)4
15)
53.89 acres as follows: 318 1928
Beginning at a point 995.1 feet easterly of
the NW corner of the NE1/4 of Sec. 10,
T.8S., R.22W., Gila and Salt River Base
and Meridian; on the northerly boundary
of the said NE1/4, which is the true point of
beginning, then in a southerly direction
to a point on the southerly boundary of
the said NE1/4 which is 991.2 feet E. of the
SW corner of said NE1/4 thence easterly
along the S. line of the NE1/4, a distance of
807.3 feet to a point, thence N. 0º7´ W.,
768.8 feet to a point, thence E. 124.0 feet to
a point, thence northerly 0º14´ W., 1,067.6
feet to a point, thence E. 130 feet to a
point, thence northerly 0º20´ W., 405.2 feet
to a point, thence northerly 63º10´ W.,
506.0 feet to a point, thence northerly
90º15´ W., 562.9 feet to a point on the
northerly boundary of the said NE1/4,
thence easterly along the said northerly
boundary of the said NE1/4, 116.6 feet to
——————
4 Thenames in parentheses following the description of the “Defined
Area of Land” are the names of claimants, added since the 1967 list,
upon whose water use these present perfected rights are predicated.
 Cite as: 547 U. S. ____ (2006) 25

Appendix to Decree
Annual
Diversions Priority
Defined Area of Land (acre-feet) Date
the true point of the beginning containing
53.89 acres. All as more particularly
described and set forth in that survey
executed by Thomas A. Yowell, Land
Surveyor on June 24, 1969.
(Molina)4
16)
60 acres within the NW1/4 of the NW1/4 and
the north half of the SW1/4 of the NW1/4 of
Sec. 14, T.8S., R.22W., G&SRBM.
70 acres within the S1/4 of the SW1/4 of the 780 1925
SW1/4, and the W1/4 of the SW1/4, Sec. 14,
T.8S., R.22W., G&SRBM. (Sturges)4
17)
120 acres within the N1/4 NE1/4, NE1/4 720 1912
NW1/4, Section 23, T.18N., R.22W.,
G&SRBM. (Zozaya)4
18)
40 acres in the W1/4 of the NE1/4 of Section 960 1902
30, and 60 acres in the W1/4 of the SE1/4 of
Section 30, and 60 acres in the E1/4 of the
NW1/4 of Section 31, comprising a total of
160 acres all in Township 18 North, Range
21 West of the G&SRBM. (Swan)4
19)
7 acres in the East 300 feet of the W1/4 of 42 1900
Lot 1 (Lot 1 being the SE1/4 SE1/4, 40 acres
more or less), Section 28, Township 16
South, Range 22 East, San Bernardino
Meridian, lying North of U. S. Bureau of
Reclamation levee right of way. EXCEPT
that portion conveyed to the United States
of America by instrument recorded in
Docket 417, page 150 EXCEPTING any
portion of the East 300 feet of W1/4 of Lot 1
within the natural bed of the Colorado
River below the line of ordinary high water
and also EXCEPTING any artificial accre-
tions waterward of said line of ordinary
high water, all of which comprises approxi-
mately seven (7) acres. (Milton and Jean
Phillips)4
2. The following miscellaneous present perfected rights
in Arizona in annual quantities of water not to exceed the
26 ARIZONA v. CALIFORNIA

Appendix to Decree

listed number of acre-feet of (i) diversions from the 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 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 this decree, such
rights having been decreed by Art. II:
Annual
Diversions
Defined Area of Land (acre-feet)5 Net Acres5 Priority Date

22)

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

Reservation

23)

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

Reservation

24)

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

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

5,860 879 May 15, 1876
25)
Fort Mojave Indian 16,720 2,587 Sept. 18, 1890
Reservation

——————
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 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 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 (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 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

Appendix to Decree
Annual Diversions
Defined Area of Land (acre-feet) Priority Date
29)
130 acres within Lots 1, 2, and 3, 780 1856
SE1/4 of NE1/4 of Section 27, T.16S.,
R.22E., S.B.B. & M. (Wavers)6
30)
40 acres within W1/4, W1/4 of E1/4 of 240 1923
Section 1, T.9N., R.22E., S.B.B. & M.
(Stephenson)6
31)
20 acres within Lots 1 and 2, Sec. 19, 120 1893
T.13S., R.23E., and Lots 2, 3, and 4
of Sec. 24, T.13S., R.22E., S.B.B. &
M. (Mendivil)6
32)
30 acres within NW1/4 of SE1/4, S1/4 of 180 1928
SE1/4, Sec. 24, and NW1/4 of NE1/4,
Sec. 25, all in T.9S., R.21E., S.B.B. &
M. (Grannis)6
33)
25 acres within Lot 6, Sec. 5; and 150 1913
Lots 1 and 2, SW1/4 of NE1/4, and
NE1/4 of SE1/4 of Sec. 8, and Lots 1 &
2 of Sec. 9, all in T. 13S., R.22E.,
S.B.B. & M. (Morgan)6
34)
18 acres within E1/4 of NW1/4 and 108 1918
W1/4 of NE1/4 of Sec. 14, T.10S.,
R.21E., S.B.B. & M. (Milpitas)6
35)
10 acres within N1/4 of NE1/4, SE1/4 of 60 1889
NE1/4, and NE1/4 of SE1/4, Sec. 30,
T.9N., R.23E., S.B.B. & M. (Simons)6
36)
16 acres within E1/4 of NW1/4 and N1/4 96 1921
of SW1/4, Sec. 12, T.9N., R.22E., S.B.B.
& M. (Colo. R. Sportsmen’s League)6

——————
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 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 E1/4 of NW1/4, Sec. 1, 69 1914

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

38)

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

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

39)

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

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

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

40)

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

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

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

41)

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

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

M. (Chagnon)7

42)

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

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

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

2. The following miscellaneous present perfected rights
in California in annual quantities of water not to exceed
the listed number of acre-feet of (i) diversions from the
mainstream or (ii) the quantity of mainstream water
necessary to supply the consumptive use, whichever of (i)
or (ii) is less, for domestic, municipal, and industrial 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 Needles6 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.
30 ARIZONA v. CALIFORNIA

Appendix to Decree
Annual Annual
Diversions Consumptive Use Priority
Defined Area of Land (acre-feet) (acre-feet) Date
44)
Portions of: Secs. 5, 6, 7 & 8, 1,260 273 1896
T.7N., R.24E.; Sec. 1, T.7N.,
R.23E.; Secs. 4, 5, 9, 10, 15,
22, 23, 25, 26, 35, & 36, T.8N.,
R.23E.; Secs. 19, 29, 30, 32 &
33, T.9N., R.23E., S.B.B. &
M. (Atchison, Topeka and
Santa Fe Railway Co.)6
45)
Lots 1, 2, 3, 4, 5, & SW1/4 1.0 0.6 1921
NW1/4 of Sec. 5, T.13S.,
R.22E., S.B.B. & M. (Conger)7
46)
Lots 1, 2, 3, 4 of Sec. 32, 1.0 0.6 1923
T.11S., R.22E., S.B.B. & M.
(G. Draper)7
47)
Lots 1, 2, 3, 4, and SE1/4 1.0 0.6 1919
SW1/4 of Sec. 20, T.11S.,
R.22E., S.B.B. & M.
(McDonough)7
48)
SW1/4 of Sec. 25, T.8S., 1.0 0.6 1925
R.22E., S.B.B. & M.
(Faubion)7
49)
W1/4 NW1/4 of Sec. 12, 1.0 0.6 1922
T.9N., R.22E., S.B.B. & M.
(Dudley)7
50)
N1/4 SE1/4 and Lots 1 and 2
1.0 0.6 1916
of Sec. 13, T.8S., R.22E.,
S.B.B. & M. (Douglas)7
51)
N1/4 SW1/4, NW1/4 SE1/4, 1.0 0.6 1924
Lots 6 and 7, Sec. 5, T.9S.,
R.22E., S.B.B. & M.
(Beauchamp)7
52)
NE1/4 SE1/4, SE1/4 NE1/4, and 1.0 0.6 1916
Lot 1, Sec. 26, T.8S., R.22E.,
S.B.B. & M. (Clark)7
 Cite as: 547 U. S. ____ (2006) 31

Appendix to Decree
Annual Annual
Diversions Consumptive Use Priority
Defined Area of Land (acre-feet) (acre-feet) Date
53)
N1/4 SW1/4, NW1/4 SE1/4, 1.0 0.6 1915
SW1/4 NE1/4, Sec. 13, T.9S.,
R.21E., S.B.B. & M.
(Lawrence)7
54)
N1/4 NE1/4, E1/4 NW1/4, Sec. 1.0 0.6 1914
13, T.9S., R.21E., S.B.B. &
M. (J. Graham)7
55)
SE1/4, Sec. 1, T.9S., R.21E., 1.0 0.6 1910
S.B.B. & M. (Geiger)7
56)
Fractional W1/4 of SW1/4 (Lot 1.0 0.6 1917
6) Sec. 6, T.9S., R.22E.,
S.B.B. & M. (Schneider)7
57)
Lot 1, Sec. 15; Lots 1 & 2, 1.0 0.6 1895
Sec. 14; Lots 1 & 2, Sec. 23;
all in T.13S., R.22E., S.B.B.
& M. (Martinez)7
58)
NE1/4, Sec. 22, T.9S., R.21E., 1.0 0.6 1925
S.B.B. & M. (Earle)7
59)
NE1/4 SE1/4, Sec. 22, T.9S., 1.0 0.6 1928
R.21E., S.B.B. & M. (Diehl)7
60)
N1/4 NW1/4, N1/4 NE1/4, Sec. 1.0 0.6 1912
23, T.9S., R.21E., S.B.B. &
M. (Reid)7
61)
W1/4 SW1/4, Sec. 23, T.9S., 1.0 0.6 1916
R.21E., S.B.B. & M.
(Graham)7
62)
S1/4 NW1/4, NE1/4 SW1/4, 1.0 0.6 1919
SW1/4 NE1/4, Sec. 23, T.9S.,
R.21E., S.B.B. & M. (Cate)7
63)
SE1/4 NE1/4, N1/4 SE1/4, SE1/4 1.0 0.6 1924
SE1/4, Sec. 23, T.9S., R.21E.,
S.B.B. & M. (McGee)7
32 ARIZONA v. CALIFORNIA

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

64)
SW1/4 SE1/4, SE1/4 SW1/4,
1.0 0.6 1924
Sec. 23, NE1/4 NW1/4, NW1/4
NE1/4, Sec. 26; all in T.9S.,
R.21E., S.B.B. & M.
(Stallard)7
65)
W1/4 SE1/4, SE1/4 SE1/4, Sec. 1.0 0.6 1926
26, T.9S., R.21E., S.B.B. &
M. (Randolph)7
66)
E1/4 NE1/4, SW1/4 NE1/4, SE1/4 1.0 0.6 1928
NW1/4, Sec. 26, T.9S., R21E.,
S.B.B. & M. (Stallard)7
67)
S1/4 SW1/4, Sec. 13, N1/4 1.0 0.6 1926
NW1/4, Sec. 24; all in T.9S.,
R.21E., S.B.B. & M. (Keefe)7
68)
SE1/4 NW1/4, SE1/4, Lots 2, 3, 1.0 0.6 1903
& 4, Sec. 25, T.13S., R.23E.,
S.B.B. & M. (C. Ferguson)7
69)
Lots 4 & 7, Sec. 6; Lots 1 & 2, 1.0 0.6 1903
Sec. 7; all in T.14S., R.24E.,
S.B.B. & M. (W. Ferguson)7
70)
SW1/4 SE1/4, Lots 2, 3, and 4, 1.0 0.6 1920
Sec. 24, T.12S., R.21E., Lot 2,
Sec. 19, T.12S., R.22E., S.B.B.
& M. (Vaulin)7
71)
1.0 0.6 1920
Lots 1, 2, 3 and 4, Sec. 25,
T.12S., R21E., S.B.B. & M
(Salisbury)
72)
Lots 2, 3, SE1/4 SE1/4, Sec. 1.0 0.6 1924
15, NE1/4 NE1/4, Sec. 22; all
in T.13S., R.22E., S.B.B. &
M. (Hadlock)7
 Cite as: 547 U. S. ____ (2006) 33

Appendix to Decree
Annual Annual
Diversions Consumptive Use Priority
Defined Area of Land (acre-feet) (acre-feet) Date
73)
SW1/4 NE1/4, SE1/4 NW1/4, 1.0 0.6 1903
and Lots 7 & 8, Sec. 6,
T.9S., R.22E., S.B.B. & M.
(Streeter)7
74)
Lot 4, Sec. 5; Lots 1 & 2, 1.0 0.6 1903
Sec. 7; Lots 1 & 2, Sec. 8;
Lot 1, Sec. 18; all in T.12S.,
R.22E., S.B.B. & M. (J.
Draper)7
75)
SW1/4 NW1/4, Sec. 5; SE1/4 1.0 0.6 1912
NE1/4 and Lot 9, Sec. 6; all
in T.9S., R.22E., S.B.B. &
M. (Fitz)7
76)
NW1/4 NE1/4, Sec. 26; Lots 2 1.0 0.6 1909
& 3, W1/4 SE1/4, Sec. 23; all
in T.8S., R.22E., S.B.B. &
M. (Williams)7
77)
Lots 1, 2, 3, 4, & 5, Sec. 25, 1.0 0.6 1928
T.8S., R.22E., S.B.B. & M
(Estrada)7
78)
S1/4 NW1/4, Lot 1, frac. NE1/4 1.0 0.6 1925
SW1/4, Sec. 25, T.9S., R.21E.,
S.B.B. & M. (Whittle)7
79)
N1/4 NW1/4, Sec. 25; S1/4 SW1/4, 1.0 0.6 1928
Sec. 24; all in T.9S., R.21E.,
S.B.B. & M. (Corington)7
80)
S1/4 NW1/4, N1/4 SW1/4, Sec. 1.0 0.6 1928
24, T.9S., R.21E., S.B.B. &
M. (Tolliver)7
34 ARIZONA v. CALIFORNIA

Appendix to Decree

III
NEVADA

A. Federal Establishments’ Present Perfected Rights
The federal establishments named in Art. II, 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 12,5348 1,9398 Sept. 18, 1890
Reservation
82)
Lake Mead National 500 3009 May 3, 192910
Recreation Area (The
Overton Area of Lake
Mead N.R.A. provided in
Executive Order 5105)

——————
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 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).