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<br />001422 <br /> <br />and 4% for use in Nevada; <br /> <br />(3) If insuflicient mainstream water is available for release, as determined by the Secretary <br />of the Interior, to satisfy annual consumptive use of 7,500,000 acre-feet in the aforesaid <br />three states, then the Secretary of the Interior, after providing for satisfaction of present <br />perfected rights in the order of their priority dates without regard to state lines and after <br />consultation with the parties to major delivery contracts and such representatives as the <br />respective states may designate, may apportion the amount remaining available for <br />consumptive use in such manner as is consistent with the Boulder Canyon Project Act as <br />interpreted by the opinion of this Court herein, and with other applicable federal statutes, <br />but in no event shall more than 4,400,000 acre-feet be apportioned for use in California <br />including all present perfected rights; <br /> <br />(4) Any mainstream water consumptively used within a state shall be charged to its <br />apportionment, regardless of the purpose for which it was released: <br /> <br />(5) Notwithstanding the provisions of Paragraphs (1) through (4) of this subdivision (B), <br />mainstream water shall be released or delivered to water users (including but not limited to, <br />public and municipal corporations and other public agencies) in Arizona, California, and <br />Nevada only pursuant to valid contracts therefor made with such users by the Secretary of <br />the Interior, pursuant to Section 5 of the Boulder Canyon Project Act or any other <br />applicable federal statute; <br /> <br />(6) If, in anyone year, water apportioned for consumptive use in a state will not be <br />consumed in that state, whether for the reason that delivery contracts for the full amount of <br />the state's apportionment are not in effect or that users cannot apply all of such water to <br />beneficial uses, or for any other reason, nothing in this decree shall be construed as <br />prohibiting the Secretary of the Interior from releasing such apportioned but unused water <br />during such year for consumptive use in the other states. No rights to the recurrent use of <br />such water shall accrue by reason of the use thereof; <br /> <br />8 <br />