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<br />001899 <br /> <br />/ <br /> <br />consumptive uses and delivery to Mexi~o. Thus, the total <br /> <br /> <br />available for beneficial consumptive use in the seven Colorado <br /> <br /> <br />River states and for delivery to Mexico would be 15.5 maf annually <br /> <br />(6.5 +' 9.0 == 15.5). <br /> <br /> <br />Article III (c) of the compact provides that waters to be <br /> <br />delivered to Mexico shall be supplied first from the waters <br /> <br /> <br />which are surplus over and above the aggregate of 16 maf <br /> <br /> <br />apportioned by paragraphs (a) and, (b). In the example given the <br /> <br /> <br />surplus would be a negative quantity: - 0.5 maf (15.5 - 16 = -0.5). <br /> <br />Article III (c) provides further that if the surplus shall prove <br /> <br />insufficient for the delivery to Mexico, then the burden of the <br /> <br />deficiency shall be borne equally by the Upper Basin and the <br /> <br />Lower Basin, and whenever necessary the states of the Upper <br /> <br />Division shall deliver at Lee Ferry water to supply one-half of <br /> <br />the deficiency in addition to the Lee Ferry delivery required <br /> <br /> <br />by paragraph, Cd). The deficiency is equal, to the Treaty obligation <br /> <br />of 1.5 maf annually less the surplus; in the example given the <br /> <br />deficiency would amount to 2 maf annually (1.5 - (-0.5) = 2.0). <br /> <br /> <br />with this deficiency borne equally, the Upper Basin would be <br /> <br />entitled to use only 6.5 maf of the 7.5 maf apportioned to it by <br /> <br />Article III (a) and the Lower Basin would be entitled to use <br /> <br /> <br />only 7.5 maf of the 8.5 maf apportioned to it by Article III (a) <br /> <br />and (b). Of the 9 maf available in the Lower Basin from the Lee <br /> <br /> <br />Ferry delivery and the production of Lower Basin tributaries there <br /> <br /> <br />would remain 1.5 maf for delivery to Mexico; it would not be neces- <br /> <br /> <br />sary for the Upper Basin to meet any part of the Treaty obliga- <br /> <br />tion by deliveries in excess_of 7~5: maf annually at Lee Perry. <br /> <br /> <br />This proposition can be stated more succinctly. The <br /> <br />-10- <br />