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<br />. <br /> <br />. <br /> <br />3) the Upper Basin is obligated to deliver at Lee <br /> <br />Ferry 750,000 acre-feet annually as its share of <br /> <br />the Mexican Treaty obligation; and <br /> <br />4) the other Upper Basin states have fully developed <br /> <br />their entitlement to the Upper Basin waters much <br /> <br />earlier than 2030. <br /> <br />In that case, New Mexico would be entitled to make depletions by bene- <br /> <br />, <br />-' <br /> <br />ficial consumptive use totalling only 647,000 acre-feet annually at <br /> <br />sites of use. If the amounts listed in Table II are committed, there <br /> <br />would be'no water available for the 34,000 acre-feet of consumptive <br /> <br />'use attributable to New Mexico's use of Animas-La Plata Project water <br /> <br />because the priority date of that project, May, 1956, is junior to <br /> <br />the priority date for the San Juan Chama, Hammond and NIIP projects <br /> <br />and the municipal and industrial contracts for water from the Navajo <br /> <br />Reservoir supply. In addition, those senior commitments, totalling <br /> <br />452,000 acre-feet would share a shortage of 39,000 acre-feet, or <br /> <br />8.6%, which would be reasonably tolerable (720,000 - 34,000 - 647,000 = <br /> <br />39000 <br />39,000; 452,000 x 100 = 8.6) <br /> <br /> <br />It may not be reasonable to presume the worst possible case <br /> <br />as the basis for the Commission's decision on the amount of water it <br /> <br />will recommend be contracted from the Navajo Reservoir supply. If <br /> <br />it is assumed that there will be no salvage by use in New Mexico, <br /> <br />that the NIIP depletion will amount to 254,000 acre-feet per year <br /> <br />and that the other states will develop their entitlements well in <br /> <br />advance of 2030, but that the Upper Basin will have no obligation to <br /> <br />deliver water at Lee Ferry because of the Mexican Treaty, the deple- <br /> <br />tion available to New Mexico would amount to 703,000 acre-feet. This <br /> <br />amount could be applied to the 720,000 acre-feet that would be <br /> <br />- 11 - <br />