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<br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br /> <br />met depending on whether a normal, surplus, or shortage condition has been determined. <br />The normal condition is defined as annual pumping and release from Lake Mead sufficient to <br />satisfy 9,252 MCM (7.500 MAF) of consumptive use in accordance with Article III(3)(a) of <br />the Operating Criteria and Article H(B)(I) of the in Arizona v. California. <br /> <br /> <br />Taking into account the existing and predicted water supply conditions in the basin and that <br />the reasonable beneficial consumptive use requirements of mainstream users in the Lower <br />Division States are expected to be less than 9,252 MCM (7.500 MAF), the normal condition <br />is the criterion governing the operation of Lake Mead for calendar year 1995 in accordance <br />with Article II1(3)(a) of the Operating Criteria and Article H(B)(1) of the decree in Arizona v. <br />California. All reasonable beneficial consumptive needs of Colorado River mainstream users <br />will be met in calendar year 1995. <br /> <br />Nothing in the decree in Arizona v. California prohibits the Secretary of the Interior from <br />releasing water apportioned, but unused, in any Lower Division State for that year for <br />consumptive use in any other Lower Division State. No rights to the recurrent use of such <br />water accrue by reason of the use of such water. In light of this provision and in accordance <br />with Article H(B)(6) of the decree, any Lower Division State will be allowed to utilize water <br />apportioned to, but unused by, another Lower Division State in calendar year 1995. <br /> <br />If the final Supreme Court decree accounting data for calendar year 1995 indicate that more <br />than 9,252 MCM (7.500 MAF) were consumed in the Lower Division States. compensation <br />for overuse of such water will be required from any State exceeding its apportionment during <br />the first year of determined shortage unless a surplus/shortage strategy which provides <br />otherwise is agreed to by July 1995. The need for compensation will be eliminated if either <br />of the following occur prior to a shortage determination: 1) a surplus determination. or 2) a <br />flood control release, Compensation will be in the form of an adjustment to that State's <br />consumptive use apportionment. <br /> <br />1944 Mexican Water Treaty <br /> <br />Pursuant to the 1944 Mexican Water Treaty it has been determined that the guaranteed <br />quantity of 1,850 MCM (1.500 MAF) of water will be delivered to Mexico during <br />calendar year 1995. The delivery of 1,850 MCM (1.500 MAF) of water to Mexico will be <br />in accordance with Article 15 of the 1944 Mexican Water Treaty and Minute No. 242 of the <br />IBWC. Minute No. 242 provides that the United States may deliver up to 170 MCM <br />(.140 MAF) of water across the land boundary at San Luis, Sonora, and in the limitrophe <br />section of the Colorado River downstream of Morelos Dam, in partial satisfaction of the <br />1944 Mexican Water Treaty. Calendar year schedules of monthly deliveries of Colorado <br />River water are formulated by the Mexican Section of the IBWC and presented to the United <br />States Section before the beginning of each calendar year. Additional scheduled deliveries to <br />Mexico can be made only if there exists Colorado River water in excess of the amount <br />necessary to supply all uses within the United States and the guaranteed quantity of <br />1,850 MCM (1.500 MAF) annually to Mexico. <br /> <br />17 <br />