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<br />001471 <br /> <br />considering in our prior discussions.12S <br />The question remains, though, whether the parties <br />believed that the Upper Basin had been allocated the risk of <br />shortages of water by committing in Article rII(d) not to <br />deplete the flow of the River below 75 m.a.f. Probably not. <br /> <br />It is significant that after November IS the word "guaranty" <br /> <br />effectively disappeared from the Record of the negotiations. <br /> <br />The paramount principle became that, with the exception of <br /> <br />the 1.0 m.a.f. extra allowance to the Lower Basin, each Basin <br /> <br />would be assured an equal and sufficient amount of water, <br /> <br />which aggregated less than the perceived total flow of the <br /> <br />River. <br /> <br />More importantly, both Basins believed that a surfeit of <br /> <br />water did and would exist so as to obviate any need to <br /> <br />allocate a risk. Norviel groused that the 7S m.a.f. obliga- <br /> <br />tion was "too low" because it was "less than half of the <br /> <br />lowest amount that ever existed."l26 Emerson soon after <br /> <br />declared to the Wyoming legislature: <br /> <br />This is an agreement that can surely be performed. <br />Over 18, SOO, 000 acre-feet of. water is. contributed <br />annually to the river by the Upper Basin, and all <br />of this amount could be once diverted and the <br />return flow would still be sufficient to supply the <br />specified delivery at Lee's Ferry.127 <br /> <br />Similarly Utah's Commissioner R.E. Caldwell reported to <br /> <br />his state: <br /> <br />It will be impossible under any conceivable <br />circumstances for the Upper states to prevent <br />75,000,000 acre-feet going past Lee's ferry in any <br />given ten-year period. <br /> <br />-46- <br />