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<br />001237
<br />BLACK CANYON INFORMATION PAPI:R
<br />
<br />Oct. 2000
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<br />Section 13(c) states: Also all patents, grants, contracts, concessions, leases, permits, licenses,
<br />rights of way, or other privilegesfrom the [hlited States or under its authority, necessary or
<br />convenientfor the use of waters of the ColoT/7l.io River or its tributaries, or for the generation
<br />or transmission of electrical energy generated by means of the waters of said river or its
<br />tributaries, whether under this act, the Federal water power act, or otherwise, shall be upon the
<br />express condition and with the erpress covenant that the rights of the recipients or holders
<br />thereof to waters of the river or its tributaries, for the use of which the same are necessary,
<br />convenient, or incidental, and the use of the same shall likewise be subject to and controlled by
<br />said Colorado River compact.
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<br />Section 15 authorizes and directs the Secretary of Interior to investigate the feasibility of projects
<br />for water development in the Colorado River Basin for the purpose of", . . control and the
<br />improvement and utilization of the water of the Colorado River and its tributaries."
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<br />Section 19: The consent of Congress is hereby given to the States of Arizona, California,
<br />Colorado, Nevada, New Mexico, Utah, and Wyoming to negotiate and enter into compacts or
<br />agreements, supplemental to and in conformi~v with the Colorado River compact and consistent
<br />with this act for a comprehensive plan for the development of the Colorado River and providing
<br />for the storage, diversion, and use of the waters of said river. Any such compact or agreement
<br />may provide for the construction of dams, headworks, and other diversion works or structures
<br />for flood control, reclamation, improvement of navigation, division of water, or other purposes
<br />and/or the construction of power houses or other structuresfor the purpose of the development
<br />of water power and the financing of the same.. and/or the creation of corporations, authorities,
<br />or other instrumentalities.
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<br />Upper Colorado River Basin Compact:
<br />Article I states that a major purpose of the compact is to ". , .secure the expeditious agricultural
<br />and industrial development of the Upper Basin, the storage of water and to protect life and
<br />property from floods,"
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<br />Article ill includes the apportionment of water to states and declares that the State of Colorado
<br />has the use of 51.75% of the Upper Basin entitlement. A requirement for use in IIT(b )(2)
<br />"Beneficial use is the basis, the measure and the limit of the right to use~"
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<br />Article IX(a): No State shall deny the right of the United States of America and, subject to the
<br />conditions hereinafter contained, no State shall deny the right of another signatory State, any
<br />person, or entity of any signatory State to acquire the.rights to the use of water, or to construct
<br />or participate in the construction and use of diversion works and storage reservoirs with
<br />appurtenant works, canals and conduits in oni? State for the purpose of diverting, conveying,
<br />storing, regulating and releasing water to sa.tisfy the provisions of the Colorado River Compact
<br />relating to the obligation of the States of the Upper Division to make deliveries of water at Lee
<br />Ferry, or for the purpose of diverting, conveying, storing, or regulating water in an upper
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