Its purpose instead was to leave these matters to state law, and developed principles of equitable apportionment, subject only to the explicit exceptions provided in the Act.
The division of 3,100,000 acre-feet should, I think, be made among Arizona, Nevada, New Mexico, and Utah pursuant to the principles of equitable apportionment.
Even this brief summary, I think, casts the gravest doubts upon the Court's construction of the Project Act as abolishing state law and accepted principles of equitable apportionment in effecting allocations of water among the States.
Having determined that tributaries are not within the regulatory provisions of the Project Act the Master held that this interstate dispute should be decided under the principles of equitable apportionment.
If there is a further surplus (either in the sense of Article II Ib) or in the more remote sense in which § 4(a) of the Project Act uses that word), 3 the division between the Lower Basin States should follow the principles of equitable apportionment which we applied in Nebraska v. Wyoming, 325 U.S. 589, 65 S.Ct.
As described in more detail in the companion paper by Hopke and collaborators (in press), the fundamental principle of source apportionment (receptor) modeling is that mass conservation can be assumed, and a mass balance analysis can be used to identify and apportion sources of airborne PM in the atmosphere.
This backdrop of firm dedication to the principles of appropriation and of judicial apportionment is critical to an understanding of congressional purpose with respect to the Project Act.
Solution of this narrow problem likewise did not require complete abrogation of the principles of priority and interstate judicial apportionment.
It should be noted, moreover, that that method of apportionment, though not strictly adhering to the principle of priority, gives it great weight and does not cause as great a distortion as might appear to be the case.
In addition, when one defendant is held liable for the acts of another on the basis of principles of vicarious liability, there should be no apportionment of liability because by definition one is liable for the acts of the other.
This is the most common form of apportionment.
