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<br />to Mexico of 1.5 m.a.f. annually, subject to the adjust- <br />ments discussed in Part I.A.3. above. According to the <br />provisions of the 1922 Compact, this water was to be <br />supplied from the waters which are surplus to the <br />aggregate of waters apportioned in Article III (a) and <br />(b), which is 16 m.a.f.; 7.5 m.a.f. to the Upper Basin <br />and 8.5 m.a.f. to the Lower Basin. However, the actual <br />sustained water supply of the river since 1930 has not <br />been sufficient to yield the quantities of water antici- <br />pated by the drafters of the 1922 Compact, as well as <br />satisfying the United states' obligation under the <br />Mexican Treaty. The 1922 Compact provides for this <br />contingency by stating that the burden of any deficiency <br />in surplus waters must be borne equally by the Upper and <br />Lower Basins. In other words, to the extent that no <br />surplus waters exist, the Upper and the Lower Basin are <br />each responsible for 750,000 a.f. annually. <br />Even though at the present time uses in the Upper <br />Basin have not depleted the flow of the river so as to <br />require curtailment of any Upper Basin use for purposes <br />of the 1922 Compact or the Mexican Treaty, what is <br />happening is that a portion of the waters which are <br />apportioned to the Upper Basin but presently unused are <br />being delivered at Lee I s Ferry by federal authorities <br /> <br />-12- <br />