ARIZONA v. CALIFORNIA et al.

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ARIZONA v. CALIFORNIA et al.
on bill of complaint
No. 8, Orig. Decided June 3, 1963—Decree entered March 9, 1964—
Amended decree entered February 28, 1966—Decided and sup
plemental decree entered January 9, 1979—Decided March
30, 1983—Second supplemental decree entered April
16, 1984—Decided June 19, 2000—Supplemental
decree entered October 10, 2000—Consolidated
decree entered March 27, 2006
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 re
ported: 439 U. S. 419; opinion reported: 460 U. S. 605; second supple
mental decree reported: 466 U. S. 144; opinion reported: 530 U. S. 392;
supplemental decree reported: 531 U. S. 1.
The final settlement agreements are approved, the joint
motion for entry of decree is granted, and the proposed con
solidated 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 Ari
zona leave to file a bill of complaint against the State of
California and seven of its public agencies, Palo Verde Irri
gation 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.

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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 motion
of the parties to amend Article VI of the decree, and 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, entered 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 report 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 permit
ted to intervene, and approving some of his further recom
mendations 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 Spe
cial Master McGarr. 528 U. S. 803. On June 19, 2000, the
Court filed an opinion rendering a decision on the several

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152 ARIZONA v. CALIFORNIA
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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 Master with respect to the Fort Yuma
Indian Reservation. 530 U. S. 392, 418, 419–420. On Octo
ber 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 fed
eral reserved water rights claim with respect to the Fort
Yuma Indian Reservation and a proposed supplemental de
cree to implement those settlements.
The State of Arizona, the State of California, the Metro
politan Water District of Southern California, Coachella Val
ley 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 In
dian reservations. This decree is entered in order to pro
vide a single convenient reference to ascertain the rights and
obligations of the parties adjudicated in this original pro
ceeding, and reflects only the incremental changes in the
original 1964 decree by subsequent decrees and the settle
ments 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 pre
vious decrees, this decree does not vacate the previous de

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crees nor alter any of their substantive provisions, and all
mandates, injunctions, obligations, privileges, and require
ments 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 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 reference shall be con
strued 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 Colorado
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 main
stream, including water drawn from the mainstream by
underground pumping, and including, but not limited to, con
sumptive uses made by persons, by agencies of that State,
and by the United States for the benefit of Indian reserva
tions 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, La
guna Dam, and all other dams and works on the mainstream
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 mainstream;
(E) “Water controlled by the United States” refers to the
water in Lake Mead, Lake Mohave, Lake Havasu, and all

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other water in the mainstream below Lee Ferry and within
the United States;
(F) “Tributaries” means all stream systems the waters of
which naturally drain into the mainstream of the Colorado
River below Lee Ferry;
(G) “Perfected right” means a water right acquired in ac
cordance 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 elec
trical 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 di
verted in the State for whose benefit it is consumed.
II. The United States, its officers, attorneys, agents and em
ployees 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 following
order of priority:
(1) For river regulation, improvement of navigation,
and flood control;
(2) For irrigation and domestic uses, including the
satisfaction of present perfected rights; and

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(3) For power;
Provided, however, that the United States may re
lease water in satisfaction of its obligations to the United
States of Mexico under the Treaty dated February 3, 1944,
without regard to the priorities specified in this subdi
vision (A);
(B) From releasing water controlled by the United States
for irrigation and domestic use in the States of Arizona, Cali
fornia, and Nevada, except as follows:
(1) If sufficient mainstream water is available for re
lease, as determined by the Secretary of the Interior, to
satisfy 7,500,000 acre-feet of annual consumptive 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 re
lease, as determined by the Secretary of the Interior, to
satisfy annual consumptive use in the aforesaid States
in excess of 7,500,000 acre-feet, such excess 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 Ne
vada, 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 Interior,
to satisfy annual consumptive use of 7,500,000 acre-feet
in the aforesaid three States, then the Secretary of the
Interior, after providing for satisfaction of present
perfected rights in the order of their priority dates with
out regard to state lines and after consultation with the
parties to major delivery contracts and such representa
tives as the respective States may designate, may ap

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portion the amount remaining available for consumptive
use in such manner as is consistent with the Boulder
Canyon Project Act as interpreted 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 Ne
vada only pursuant to valid contracts therefor made
with such users by the Secretary of the Interior, pursu
ant 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 apportionment 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 prohibiting 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 Ar
izona 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 the contract
dated January 3, 1944, to reduce the apportionment or deliv
ery of mainstream water to users within the States of Ari

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zona 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 subdi
vision (D) except in accordance with the allocations made
herein; provided, however, that such release may be made
notwithstanding the provisions of Paragraph (5) of subdivi
sion (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 thereto
fore 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 diversions
from the mainstream or (ii) the quantity of mainstream
water necessary to supply the consumptive use required
for irrigation of 1,900 acres and for the satisfaction of
related uses, whichever of (i) or (ii) is less, with a prior
ity date of February 2, 1907;
(2) The Cocopah Indian Reservation in annual quanti
ties not to exceed (i) 9,707 acre-feet of diversions from
the mainstream or (ii) the quantity of mainstream water
necessary to supply the consumptive use required for
irrigation of 1,524 acres and for the satisfaction of re
lated 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);
(3) The Fort Yuma Indian Reservation in annual
quantities not to exceed (i) 77,966 acre-feet of diversions
from the mainstream or (ii) the quantity of mainstream
water necessary to supply the consumptive use required

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for irrigation of 11,694 acres and for the satisfaction of
related uses, whichever of (i) or (ii) is less, with a prior
ity date of January 9, 1884;
(4) The Colorado River Indian Reservation in annual
quantities not to exceed (i) 719,248 acre-feet of diver
sions from the mainstream or (ii) the quantity of main
stream water necessary to supply the consumptive use
required for irrigation of 107,903 acres and for the satis
faction 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); Novem
ber 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 modi
fied; May 15, 1876, for lands reserved by the Executive
Order of said date; November 22, 1915, for lands re
served 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 main
stream water necessary to supply the consumptive use
required for irrigation of 20,544 acres and for the satis
faction 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; Febru
ary 2, 1911, for lands reserved by the Executive Order
of said date;
(6) The Lake Mead National Recreation Area in an
nual quantities reasonably necessary to fulfill the pur
poses of the Recreation Area, with priority dates of May
3, 1929, for lands reserved by the Executive Order of
said date (No. 5105), and April 25, 1930, for lands re
served by the Executive Order of said date (No. 5339);
(7) The Havasu Lake National Wildlife Refuge in an
nual quantities reasonably necessary to fulfill the pur
poses of the Refuge, not to exceed (i) 41,839 acre-feet of

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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 annual
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 main
stream for the benefit of the above-named federal establish
ments shall, except as necessary to satisfy present perfected
rights in the order of their priority dates without regard to
state lines, be satisfied only out of water available, as pro
vided in subdivision (B) of this Article, to each State wherein
such uses occur and subject to, in the case of each reserva
tion, such rights as have been created prior to the estab
lishment of such reservation by contracts executed under
Section 5 of the Boulder Canyon Project Act or any other
applicable federal statute.
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, at

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torneys, agents, and employees, be and they are hereby sev
erally enjoined:
(A) From interfering with the management and operation,
in conformity with Article II of this decree, of regulatory
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 author
ized by the United States for its particular use;
(D) From consuming or purporting to authorize the con
sumptive 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 con
sumptive use of such water, for whatever purpose, 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

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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 period
of ten consecutive years; and from exceeding a total con
sumptive 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 tributaries),
and underground water sources for the irrigation within
each of the following areas of more than the following num
ber 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 what
ever purpose, of 136,620 acre-feet during any period of ten
consecutive years; and from exceeding a total consumptive
use of such water (exclusive of uses in Virden Valley, New
Mexico), for whatever purpose, of 15,895 acre-feet during any
one year;
(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 de
termined 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

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162 ARIZONA v. CALIFORNIA
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to and in accordance with the terms and provisions of the
Gila Decree; provided, however, that:
(1) This decree shall not enjoin the use of under
ground water on any of the following lands:
Owner
Subdivision and
Legal Description Sec. Twp. Rng. Acreage
Marvin Arnett and
J. C. O’Dell ................
Hyrum M. Pace,
Ray Richardson,
Harry Day and
N. O. Pace, Est.
C. C. Martin..............
A. E. Jacobson..........
W. LeRoss Jones......
Conrad and James
R. Donaldson ............
James D.
Freestone ..................
Virgil W. Jones.........
Darrell Brooks..........
Floyd Jones...............
L. M. Hatch...............
Part Lot 3 ...................
Part Lot 4 ...................
NW 1⁄ 4 SW 1⁄ 4 ................
SW 1⁄ 4 SW 1⁄ 4 ................
Part Lot 1 ...................
NW 1⁄ 4 NW 1⁄ 4 ...............
SW 1⁄ 4 NE 1⁄ 4 ................
SW 1⁄ 4 NE 1⁄ 4 ................
SE 1⁄ 4 NE 1⁄ 4 .................
S. part SE 1⁄ 4
SW 1⁄ 4 SE 1⁄ 4 .................
W 1⁄ 2 W 1⁄ 2 W 1⁄ 2
NE 1⁄ 4 NE 1⁄ 4 ................
NW 1⁄ 4 NE 1⁄ 4 ................
SW part Lot 1............
E. Central part:
E 1⁄ 2 E 1⁄ 2 E 1⁄ 2
NW 1⁄ 4 NW 1⁄ 4
SW part NE 1⁄ 4
NW 1⁄ 4 ...........................
N. Central part:
N 1⁄ 2 N 1⁄ 2 NW 1⁄ 2
SE 1⁄ 4 NW 1⁄ 4
N 1⁄ 2 N 1⁄ 2 N 1⁄ 2
SE 1⁄ 4 .............................
Part W 1⁄ 2 NW 1⁄ 4 .........
N 1⁄ 2 SE 1⁄ 4
NW 1⁄ 4; SE 1⁄ 4
NE 1⁄ 4 NW 1⁄ 4
SE 1⁄ 4 SW 1⁄ 4 .................
Part N 1⁄ 2 SE 1⁄ 4
NE 1⁄ 4 ............................
Part NW 1⁄ 4
SW 1⁄ 4 NW 1⁄ 4 ................
SW 1⁄ 4 SW 1⁄ 4 ................
Virden Townsite.........
6
6
5
5
7
8
12
12
12
1
12
12
6
12
12
12
18
33
12
32
13
18
32
...........
19S
19S
19S
19S
19S
19S
19S
19S
19S
19S
19S
19S
19S
19S
19S
19S
19S
18S
19S
18S
19S
19S
18S
.............
21W
21W
21W
21W
21W
21W
21W
21W
21W
21W
21W
21W
21W
21W
21W
21W
20W
21W
21W
21W
21W
20W
21W
..............
33.84
52.33
38.36
39.80
50.68
38.03
8.00
15.00
7.00
0.93
0.51
18.01
11.58
0.70
8.93
0.51
8.00
7.79
7.40
6.15
4.00
1.70
4.40
3.90

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Subdivision and
Owner Legal Description Sec. Twp. Rng. Acreage
Carl M. Donaldson... SW 1⁄ 4 SE 1⁄ 4 ................. 12 19S 21W 3.40
Part NW 1⁄ 4 NW 1⁄ 4
Mack Johnson ........... NE 1⁄ 4 ............................ 10 19S 21W 2.80
Part NE 1⁄ 4 NW 1⁄ 4
NE 1⁄ 4 ............................ 10 19S 21W 0.30
Part N 1⁄ 2 N 1⁄ 2 S 1⁄ 2
NW 1⁄ 4 NE 1⁄ 4 ................ 10 19S 21W 0.10
SE 1⁄ 4 SE 1⁄ 4; SW 1⁄ 4
SE 1⁄ 4 .............................
Chris Dotz................. NW 1⁄ 4 NE 1⁄ 4;
NE 1⁄ 4 NE 1⁄ 4 ................
3
10
19S
19S
21W
21W } 2.66
Roy A. Johnson ........ NE 1⁄ 4 SE 1⁄ 4 SE 1⁄ 4 ...... 4 19S 21W 1.00
Ivan and Antone NE 1⁄ 4 SE 1⁄ 4
Thygerson ................. SE 1⁄ 4 32 18S 21W 1.00
SW 1⁄ 4 SE 1⁄ 4
John W. Bonine ........ SW 1⁄ 4 ............................ 34 18S 21W 1.00
Marion K. SW 1⁄ 4 SW 1⁄ 4 SE 1⁄ 4
Mortenson ................. ....................................... 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 competent 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 consumptive 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 jurisdiction to be an infringement or impair
ment of rights confirmed by the Gila Decree;

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(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 anything
in this Article be construed to affect possible superior rights
of the United States asserted on behalf of National Forests,
Parks, Memorials, Monuments, and lands administered by
the Bureau of Land Management; and provided further that
in addition to the diversions authorized 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 au
thorized in Article IV(A) through (D) may be transferred to
any of the other streams, nor may any use for irrigation pur
poses within any area on one of the streams be transferred
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 avail
able, annually and at such shorter intervals as the Secretary
of the Interior shall deem necessary or advisable, for inspec
tion by interested persons at all reasonable times and at a
reasonable place or places, complete, detailed, and accurate
records of:
(A) Releases of water through regulatory structures con
trolled by the United States;
(B) Diversions of water from the mainstream, return flow
of such water to the stream as is available for consumptive
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 di
verter from the mainstream, each point of diversion, and
each of the States of Arizona, California, and Nevada;

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(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 satis
faction of the Mexican Treaty or diverted by others in satis
faction 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 ob
ligations 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 Secre
tary 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 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
Parts I–A, II–A, and III of the Appendix to this decree and
is incorporated herein by reference.

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VII. The State of New Mexico shall, by March 9, 1968, pre
pare and maintain, or provide for the preparation and main
tenance of, and shall annually thereafter make available for
inspection at all reasonable times and at a reasonable 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 under
ground water sources, stated by legal description and compo
nent acreages and separately as to each of the areas desig
nated 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 under
ground 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 pro
vided herein;
(B) The rights or priorities to water in any of the Lower
Basin tributaries of the Colorado River in the States of Ari
zona, California, Nevada, New Mexico, and Utah except the
Gila River System;
(C) The rights or priorities, except as specific provision is
made herein, of any Indian Reservation, National Forest,
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 de

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cree, that may at any time be deemed proper in relation to
the subject matter in controversy.
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 claimant
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 ad
justments resulting from determinations relating to set
tlement of Indian reservation boundaries referred to in
Article 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
Article 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 Reservation, Fort Yuma Indian
Reservation, Colorado River Indian Reservation, and the
Fort Mojave Indian Reservation as set forth in Article
II(D)(1)–(5) of this decree, provided that the quantities fixed
in paragraphs (1) through (5) of Article 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 deter

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mined except for the western boundaries of the Fort Mojave
and Colorado River Indian Reservations in California and
except for the boundaries of the Fort Yuma Indian Reserva
tion in Arizona and California. Additional present per
fected 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 in
cluded within any area determined to be within a reserva
tion 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
Article 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 adjudi
cated water rights of any of the five Indian reservations is
used other than for irrigation or other agricultural applica
tion, the total consumptive use, as that term is defined in

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Article I(A) of this 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 Article II(D) of this decree had been used for
irrigation of the number of acres specified for that reserva
tion in said paragraphs and for the satisfaction of related
uses. Effect shall be given to this paragraph notwithstand
ing 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 “MIS-
CELLANEOUS PRESENT PERFECTED RIGHTS”
(numbered 7–21 and 29–80 below) shall be satisfied. Fur
thermore, 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 Article II, subdivi
sion (D), paragraphs (2), (3), (4), and (5) of this decree, such
rights having been decreed in Article II:
Annual
Diversions Net
Defined Area of Land 1 (Acre-Feet) Acres 1 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
1 The quantity of water in each instance is measured by (i) diversions or
(ii) consumptive use required for irrigation of the respective acreage and
for satisfaction of related uses, whichever of (i) or (ii) is less.

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In addition to the mainstream diversion rights in favor of
the Indian reservations specified in Paragraph I(A) of this
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 neces
sary to supply the consumptive use required for irrigation of
43,562 acres and for the satisfaction of related uses, which
ever of (i) or (ii) is less, with a priority date of 1901.
(5) The Yuma Auxiliary Project, Unit B in annual quanti
ties not to exceed (i) 6,800 acre-feet of diversions from the
mainstream or (ii) the quantity of mainstream water neces
sary 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 quan
tity of mainstream water necessary to supply the consump
tive 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 con
sumptive use required for irrigation and the satisfaction of
related uses within the boundaries of the land described and
with the priority dates listed:

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Annual
Diversions Priority
Defined Area of Land (acre-feet) Date
7)
160 Acres in Lots 21, 24, and 25, Sec. 29 and 960 1915
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⁄ 2 of SW1⁄ 4, Sec. 1,140 1915
30, T.16S., R.22E., San Bernardino Base and
Meridian, Yuma County, Arizona. (United
States) 3
9)
60 acres within Lot 2, Sec. 15 and Lots 1 and 2, 360 1910
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⁄ 2 of the SW1⁄ 4 of Sec.
} 1,050 1902
11, T.18N., R.22W., G&SRBM.
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
12)
40 acres within Sec. 13, T.17N., R.22W., 240 1902
G&SRBM. (Miller) 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 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.

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Annual
Diversions Priority
Defined Area of Land (acre-feet) Date
13)
120 acres within Sec. 27, T.18N., R.22W.,
G&SRBM.
15 acres within the NW1⁄ 4 of the NW1⁄ 4, Sec.
} 810 1902
23, 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 & 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 east
erly along the S. line of the NE1⁄ 4, 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 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
4 The names in parentheses following the description of the “Defined
Area of Land” are the names of claimants, added since the 1967 list, upon
whose water use these present perfected rights are predicated.

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Annual
Diversions Priority
Defined Area of Land (acre-feet) Date
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.
} 780 1925
70 acres within the S1⁄ 2 of the SW1⁄ 4 of the
SW1⁄ 4, 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, 720 1912
Section 23, T.18N., R.22W., G&SRBM.
(Zozaya) 4
18)
40 acres in the W1⁄ 2 of the NE1⁄ 4 of Section 30, 960 1902
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
19)
7 acres in the East 300 feet of the W1⁄ 2 of Lot 42 1900
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 re
corded 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 water
ward of said line of ordinary high water, all of
which comprises approximately 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 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,
[Footnote 4 is on p. 172]

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municipal, and industrial purposes within the boundaries of
the land described and with the priority dates listed:
Defined Area of Land
Annual
Diversions
(acre-feet)
Annual
Consumptive Use
(acre-feet)
Priority
Date
20) City of Parker 2
21) City of Yuma 2
630
2,333
400
1,478
1905
1893
II
CALIFORNIA
A. Federal Establishments’ Present Perfected Rights
The federal establishments named in Article II, subdivi
sion (D), paragraphs (1), (3), (4), and (5) of this decree, such
rights having been decreed by Article II:
Annual
Diversions Net
Defined Area of Land (acre-feet) 5 Acres 5 Priority Date
22)
Chemehuevi Indian Reservation 11,340 1,900 Feb. 2, 1907
23)
Fort Yuma Indian Reservation 71,616 10,742 Jan. 9, 1884
24)
Colorado River Indian Reservation 10,745 1,612 Nov. 22, 1873
40,241 6,037 Nov. 16, 1874
5,860 879 May 15, 1876
25)
Fort Mojave Indian Reservation 16,720 2,587 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 main
stream or (ii) the quantity of mainstream water necessary to
[Footnote 2 is on p. 171]
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.

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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 main
stream 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 quan
tity of mainstream water necessary to supply the consump
tive 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 1⁄ 4 of NE 1⁄ 4 780 1856
of Section 27, T.16S., R.22E., S.B.B. & M.
(Wavers) 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 identified with
a parcel in California’s 1967 list submitted to this Court.

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Annual
Diversions Priority
Defined Area of Land (acre-feet) Date
30)
40 acres within W1⁄ 2, W1⁄ 2 of E1⁄ 2 of Section 1,
T.9N., R.22E., S.B.B. & M. (Stephenson) 6
31)
20 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
32)
30 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
33)
25 acres within Lot 6, Sec. 5; and 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⁄ 2 of NW1⁄ 4 and W1⁄ 2 of NE1⁄ 4
of Sec. 14, T.10S., R.21E., S.B.B. & M.
(Milpitas) 6
35)
10 acres within N1⁄ 2 of NE1⁄ 4, SE1⁄ 4 of 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⁄ 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
37)
11.5 acres within E1⁄ 2 of NW1⁄ 4, Sec. 1, T.10S.,
R.21E., S.B.B. & M. (Milpitas) 6
38)
11 acres within S1⁄ 2 of SW1⁄ 4, Sec. 12, T.9N.,
R.22E., S.B.B. & M. (Andrade) 6
39)
6 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
40)
10 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
240 1923
120 1893
180 1928
150 1913
108 1918
60 1889
96 1921
69 1914
66 1921
36 1904
60 1905
[Footnote 6 is on p. 175]

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Annual
Diversions Priority
Defined Area of Land (acre-feet) Date
41)
20 acres within SW1⁄ 4 of SW1⁄ 4 (Lot 8), Sec. 19, 120 1925
T.9N., R.23E., S.B.B. & M. (Chagnon) 7
42)
20 acres within NE1⁄ 4 of SW1⁄ 4, N1⁄ 2 of SE1⁄ 4, 120 1915
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 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
43)
City of Needles 6 1,500 950 1885
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
[Footnote 6 is on p. 175]
7 The names in parentheses following the description of the “Defined
Area of Land” are the names of the homesteaders upon whose water use
these present perfected rights, added since the 1967 list submitted to this
Court, are predicated.

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178 ARIZONA v. CALIFORNIA
Appendix to decree
Defined Area of Land
46)
Lots 1, 2, 3, 4 of Sec. 32,
T.11S., R.22E., S.B.B. & M.
(G. Draper) 7
47)
Lots 1, 2, 3, 4, and SE1⁄ 4 SW1⁄ 4
of Sec. 20, T.11S., R.22E.,
S.B.B. & M. (McDonough) 7
48)
SW1⁄ 4 of Sec. 25, T.8S., R.22E.,
S.B.B. & M. (Faubion) 7
49)
W1⁄ 2 NW1⁄ 4 of Sec. 12, T.9N.,
R.22E., S.B.B. & M. (Dudley) 7
50)
N1⁄ 2 SE1⁄ 4 and Lots 1 and 2 of
Sec. 13, T.8S., R.22E., S.B.B. &
M. (Douglas) 7
51)
N1⁄ 2 SW1⁄ 4, NW1⁄ 4 SE1⁄ 4, 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
Lot 1, Sec. 26, T.8S., R.22E.,
S.B.B. & M. (Clark) 7
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
54)
N1⁄ 2 NE1⁄ 4, E1⁄ 2 NW1⁄ 4, Sec.
13, T.9S., R.21E., S.B.B. & M.
(J. Graham) 7
55)
SE1⁄ 4, Sec. 1, T.9S., R.21E.,
S.B.B. & M. (Geiger) 7
56)
Fractional W1⁄ 2 of SW1⁄ 4 (Lot
6) Sec. 6, T.9S., R.22E.,
S.B.B. & M. (Schneider) 7
Annual
Diversions
(acre-feet)
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
1.0
Annual
Consumptive Use Priority
(acre-feet) Date
0.6 1923
0.6 1919
0.6 1925
0.6 1922
0.6 1916
0.6 1924
0.6 1916
0.6 1915
0.6 1914
0.6 1910
0.6 1917
[Footnote 7 is on p. 177]

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179 Cite as: 547 U. S. 150 (2006)
Appendix to decree
Defined Area of Land
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
58)
NE1⁄ 4, Sec. 22, T.9S., R.21E.,
S.B.B. & M. (Earle) 7
59)
NE1⁄ 4 SE1⁄ 4, Sec. 22, T.9S.,
R.21E., S.B.B. & M. (Diehl) 7
60)
N1⁄ 2 NW1⁄ 4, N1⁄ 2 NE1⁄ 4, Sec.
23, T.9S., R.21E., S.B.B. & M.
(Reid) 7
61)
W1⁄ 2 SW1⁄ 4, Sec. 23, T.9S.,
R.21E., S.B.B. & M.
(Graham) 7
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
63)
SE1⁄ 4 NE1⁄ 4, N1⁄ 2 SE1⁄ 4, SE1⁄ 4
SE1⁄ 4, Sec. 23, T.9S., R.21E.,
S.B.B. & M. (McGee) 7
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
65)
W1⁄ 2 SE1⁄ 4, SE1⁄ 4 SE1⁄ 4, Sec.
26, T.9S., R.21E., S.B.B. & M.
(Randolph) 7
66)
E1⁄ 2 NE1⁄ 4, SW1⁄ 4 NE1⁄ 4, SE1⁄ 4
NW1⁄ 4, Sec. 26, T.9S., R21E.,
S.B.B. & M. (Stallard) 7
Annual Annual
Diversions Consumptive Use Priority
(acre-feet) (acre-feet) Date
1.0 0.6 1895
1.0 0.6 1925
1.0 0.6 1928
1.0 0.6 1912
1.0 0.6 1916
1.0 0.6 1919
1.0 0.6 1924
1.0 0.6 1924
1.0 0.6 1926
1.0 0.6 1928
[Footnote 7 is on p. 177]

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180 ARIZONA v. CALIFORNIA
Appendix to decree
Defined Area of Land
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
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
69)
Lots 4 & 7, Sec. 6; Lots 1 &
2, 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,
Sec. 24, T.12S., R.21E., Lot 2,
Sec. 19, T.12S., R.22E.,
S.B.B. & M. (Vaulin) 7
71)
Lots 1, 2, 3, and 4, Sec. 25,
T.12S., R21E., S.B.B. & M.
(Salisbury)
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) 7
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
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
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) 7
Annual Annual
Diversions Consumptive Use Priority
(acre-feet) (acre-feet) Date
1.0 0.6 1926
1.0 0.6 1903
1.0 0.6 1903
1.0 0.6 1920
1.0 0.6 1920
1.0 0.6 1924
1.0 0.6 1903
1.0 0.6 1903
1.0 0.6 1912
[Footnote 7 is on p. 177]

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Cite as: 547 U. S. 150 (2006) 181
Appendix to decree
Annual Annual
Diversions Consumptive Use Priority
Defined Area of Land (acre-feet) (acre-feet) Date
76)
NW1⁄ 4 NE1⁄ 4, Sec. 26; Lots 1.0 0.6 1909
2 & 3, W1⁄ 2 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⁄ 2 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⁄ 2 NW1⁄ 4, Sec. 25; S1⁄ 2 SW1⁄ 4, 1.0 0.6 1928
Sec. 24; all in T.9S., R.21E.,
S.B.B. & M. (Corington) 7
80)
S1⁄ 2 NW1⁄ 4, N1⁄ 2 SW1⁄ 4, Sec. 1.0 0.6 1928
24, T.9S., R.21E., S.B.B. & M.
(Tolliver) 7
III
NEVADA
Federal Establishments’ Present Perfected Rights
The federal establishments named in Article II, subdivi
sion (D), paragraphs (5) and (6) of this decree, such rights
having been decreed by Article II:
Annual
Diversions Net
Defined Area of Land (acre-feet) Acres Priority Date
81)
Fort Mojave Indian Reservation 12,534 8 1,939 8 Sept. 18, 1890
[Footnote 7 is on p. 177]
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.

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182 ARIZONA v. CALIFORNIA
Appendix to decree
Annual
Diversions Net
Defined Area of Land (acre-feet) Acres Priority Date
82)
Lake Mead National Recreation Area 500 300 9 May 3, 1929
(The Overton Area of Lake Mead
N.R.A. provided in Executive Order
5105)
9 Refers to acre-feet of annual consumptive use, not to net acres.