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<br />.' <br /> <br />The problem is often referred to as "the Gila River <br />problem." Substantial quantities of water originate in <br />the tributaries of the Colorado River located in the <br />Lower Basin, principally the Gila River, which discharge <br />into the Colorado Rover at points below Lee I s Ferry. <br />These tributary waters have been estimated to range <br />at quantities between 2 m.a.f. to 3.5 m.a.f. annually. <br />Arizona has reached a very high, if not full, state of <br />development with respect to the Gila River waters. To <br />the extent these tributary waters are included in the <br />accounting of "surplus" waters, it would materially <br />increase the usable water supply in the Upper Basin as <br />the Upper Basin would be freed of a duty to release water <br />at Lee's Ferry for satisfaction of the Mexican Treaty <br />obligation. <br />It appears from an examination of the 1922 compact <br />and the Boulder canyon Project Act of 1928 that the Lower <br />Basin tributaries must be included in the determination <br />of whether a surplus exists. Resolution of 1) whether <br />the Upper Basin has a duty to contribute water toward the <br />Mexican Treaty obligation when the Lower Basin's uses <br />exceed 8.5 m.a.f. and the Lower Basin's uses do not reach <br />7.5 m.a.f. and 2) if the answer to number one is yes, <br />whether the Upper Basin must also supply additional water <br /> <br />-16- <br />