Tom C. Clark

“ In the District Court Fresno prevailed on all points. In the Court of Appeals this judgment was set aside 'insofar as it relates to the terms upon which the City of Fresno is entitled to receive water from the United States at Friant Dam,' 293 F.2d 340, 360, because in establishing the rate at which water would be delivered the respondent officials were acting 'within the scope of their statutory authority and were carrying out the duties imposed upon them by their official positions. ”

“ Gerlach Live Stock Co., 339 U.S. 725, 70 S.Ct. 955, 94 L.Ed. 1231 (1950) , we were concerned with an issue regarding the nature of the Friant Dam unit of the Project and, contrary to petitioner's contention, concluded 'that Congress realistically elected to treat it as a reclamation project.' Id., at 739, 70 S.Ct. at 962. It therefore appears clear that Fresno has no preferential rights to contract for project water, but may receive it only if, in the Secretary's judgment, irrigation will not be adversely affected. ”

“ The preference under the Acts is not limited to that area closest to the stream, but extends beyond the watershed and to areas adjacent thereto which can 'conveniently be supplied with water therefrom,' which from the map would seem to include the Friant-Kern as well as the Madera Canal areas. ”