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<br />.' <br /> <br />to compensate for channel losses between Lee's Ferry and <br /> <br />the Mexican border is less clear although I believe that <br /> <br /> <br />the equities and the record of the 1922 compact <br /> <br />negotiations clearly support the Upper Basin's positions. <br />B. Inclusion of the Lower Basin Tributaries <br /> <br />The Lower Basin's average annual use of water <br />from its tributaries from 1976-80, including possible <br /> <br />groundwater overdrafts in the Gila River system, has been <br />estimated at 4.5 m.a.f. U.S. Department of Interior, <br />Colorado River System Consumptive Uses and Losses Report <br /> <br />1976-80, at 35-39 (Washington, D.C.). If that quantity <br /> <br /> <br />of water were added to the average virgin flow of the <br /> <br />Colorado River at Lee's Ferry from 1922 to 1985, the sum <br /> <br />would exceed 16 m.a.f. and would thus yield a surplus <br /> <br /> <br />sufficient to satisfy the Mexican Treaty obligation <br /> <br /> <br />without a contribution from the Upper Basin. The Lower <br /> <br />Basin, however, contends that its tributaries should not <br /> <br />be treated in this manner. <br /> <br />1. Probable position of the Lower Basin <br />States <br /> <br />Relying on the language of Article III(c) <br />of the 1922 compact and on the United States Supreme <br /> <br />Court decision in Arizona v. california, 373 U.S. 546 <br /> <br />(1963), the Lower Basin contends that its tributaries are <br /> <br />-17- <br />