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.~ Comments - Colorado River Flows for Endangered Fishes under Compacts and Treaty ~ "Consumptive use" is used 5 times in the CRC, and at least 28 times in the UCRBC. "Depletion" or "Depleted" is found once in the CRC and twice in the UCRBC. The intent is certainly that the waters of the Colorado River System be consumptively used by the States for "...agricultura1 and industrial development..." (Art. I of both Compacts). The need for "storage" or "impoundment" of water is recognized and allowed under both Compacts, twice in the CRC and 6 times in the UCRBC. Both Compacts require that releases for electric power generation be subservient to the use and consumption of water for agricultural and domestic purposes (domestic is defined to include industrial and certain other consumptive uses). The CRC also specifies that water use for navigation is subservient to all other uses, including electric. power generation. Failure of any State of the Upper Basin to fully utilize its apportioned water does not constitute a Ielinquishment of the right to such use, nor a forfeiture or abandonment of the right to such use (UCRBC, Art. XVI). Therefore, water presently unused by the Upper Basin States must be .kept available for future appropriation ~. and consumptive use by these States. '. The CRC apportions the consumptive use of 7,500,000 acre-feet of water annually in each of the Colorado River Basins. The Upper Basin is required to deliver a total of 75,000,000 acre-feet at Lee Ferry in any period of ten consecutive years. This delivery must be very near to the 7,500,000 acre-feet each year, or more, or the 10-year totals will not work out. The CRC also requires that water be delivered to Mexico should a treaty come into existence. The Treaty was approved, and requires a delivery of 1,500,000 acre-feet per year to Mexico. '-..-. The CRC was negotiated at a time when the virgin flow of the Colorado River was greater than the inclusion of more recent flow records indicate might be the true picture. The Upper Basin is still obligated to the delivery annually of 7,500,000 acre-feet minimum at Lee Ferry, even though it may realize less than its apportioned consumptive uses. -2-