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<br />c. Lower Basin Uses in Excess of Its Apportionment <br />The Lower Basin's use of water from the <br />Colorado River system was estimated at approximately 10.6 <br />m.a.f. in 1980. This is far in excess of its Article <br />III(a) and (b) apportionment of 8.5 m.a.f. The Upper <br />Basin contends that under the terms of Article III (c) <br />this excess use constitutes surplus and that accordingly, <br />the Upper Basin's duty to supply a portion of the Mexican <br />Treaty obligation should be diminished to the extent of <br />the excess use. Thus, in a year such as 1980, the Upper <br />Basin would have no duty to supply any water under <br />Article III(c). since the common belief at the time the <br />1922 Compact was negotiated was that the flow of the <br />Colorado River was adequate to satisfy all needs, there <br />is virtually nothing in the record of the compact <br />meetings or elsewhere that either confirms or refutes the <br />Upper Basin's contention. The Upper Basin's position <br />would seem to be contrary to the technical reading of <br />Article III(c). However, its underlying rationale <br />conforms to the intent of the compact commissioners to <br />equalize the Article III(a) apportionments to each basin <br />and to match the Upper Basin's delivery obligation <br />specified in Article III (d) to the amount of those <br />apportionments. <br /> <br />-23- <br />