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<br />. , <br /> <br />0019Jl <br /> <br /> <br />of paragraph (a) and (b) of Article III of the Compact are <br /> <br /> <br />fror.1. the "Colorado River system" and Article II(a) defines'the <br /> <br /> <br />colorado River system as "that porti,on of the Colorado River <br /> <br /> <br />and its tributaries within the United states of America." There <br /> <br /> <br />appears to be no foundation whatever for the argument that Lower <br /> <br />Basin tributary uses are not accountable as beneficial consumptive <br /> <br /> <br />use apportioned by the Compact. <br /> <br />The Upper Colorado'River Basin ,Compact of 1948 divided <br /> <br />the 7.5 maf of consumptiv~ use apportioned to the Upper Basin <br /> <br />by the 1922 Compact among the Upper Basin states. It was agreed' <br /> <br />that Arizona should have 50,000 acre-feet annually and that the <br /> <br /> <br />balance would be divided among ,the other four states. New <br /> <br />Mexico's share is set at ll~% of that balance. If the full <br /> <br />amount of 7.5 maf annually apportioned to the Upper Basin is <br /> <br />available, New Mexico is allowed to make uses that would deplete <br /> <br />the flow of the river at Lee Ferry by 838,000 acre-feet annually. <br /> <br />Hydrologic studies indicate that the virgin flow of the <br /> <br /> <br />colorado River at Lee Ferry may be as much as a million acre- <br /> <br /> <br />feet short of the 15 maf presumed to be divided at Lee Ferry <br /> <br /> <br />by the 1922 Compact. It does not now appear that we can rely on <br /> <br />7.5 maf annually remaining available for consumptive use in the <br /> <br /> <br />Upper Basin after delivering to the Lower Basin 75 maf in each <br /> <br />period of ten consecutive years. A study prepared by Tipton <br /> <br />& Kalmbach, Inc. for the Upper Colorado River <br /> <br />Commission in 1965 indicates that on the basis of streamflow <br /> <br /> <br />records for the period 1921 through 1964 the average virgin flow <br /> <br />of the Colorado River at Lee Ferry was 14 maf. The study also <br /> <br /> <br />shows that operation of the Colorado River Storage Project <br /> <br /> <br />reservoirs during such a water supply period would allow the <br /> <br />-12- <br />