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<br />001472 <br /> <br />Should the Upper states divert 180,000,000 <br />acre-feet of water onto the uplands during any <br />ten-year period, there would still be 90,000,000 <br />acre-feet pass out of the return flow to the <br />river.128 <br /> <br />Richard Sloan, the legal advisor to Arizona's Colorado <br /> <br />River Commission, wrote during this period: <br /> <br />The Compact is based upon two major assumptions <br />... second, that there is sufficient water in the <br />river if conserved to meet all the demands for <br />agricultural and business use, both in the upper <br />and the lower basins, and in addition to meet all <br />the probable demands of the southwest. That there <br />is sufficient water for such purposes is no mere <br />assumption, as may be shown upon a study of the <br />river and of various estimates made by the reclama- <br />tion service and by state engineers. ...129 <br /> <br />Davis' earlier claim that the Upper Basin could not safely <br /> <br />commit to delivering more than 6S m.a.f. every ten years was <br /> <br />probably a bargaining tactic. The measurements he cited were <br /> <br />not thoroughly considered during the Compact negotiations, <br /> <br />and 7S m.a.f. was less than half of his low flow data in any <br /> <br />event. <br /> <br />The USGS measurements at Yuma, which the Commis- <br /> <br />sioners did consider at length, indicated a flow of 163 <br /> <br />m.a.f. during the lowest lO years, and that figure excluded <br /> <br />consumption of water of at least S.O m.a.f. per annum. <br /> <br />The most obvious expression of the Commissioners' <br /> <br />confidence in the abundant flow of the River is Article III <br /> <br />~ <br /> <br />of the Compact itself. <br /> <br />Paragraphs (f) and (g) provide a <br /> <br />fairly detailed procedure for the "Further equitable appor- <br />tionment of the beneficial uses of the waters of the Colorado <br /> <br />River System unapportioned by paragraphs (a), (b), and (C)." <br /> <br />Furthermore, Article I, to which the Commissioners attached <br /> <br />-47- <br />