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<br />July 19, 1985 <br />LEA <br /> <br />Upper Colorado River Basin Compact of 1948 <br /> <br />The following excerpts from the Upper Colorado River Basin Compact <br />of 1948 are selected as bearing on the questions of flows for the <br />endangered fishes in the Colorado River and its tributaries. Emphasis <br />has been added by underlining within the text. This has been prepared <br />for consideration during the Colorado River endangered fishes <br />deliberations, and is not to be construed as a summary for other <br />purposes. <br /> <br />=- <br /> <br />Article.L.. i!2.. "The major purposes of this Compact are to provide for <br />the equitable division and apportionment of the use of the waters of the <br />Colorado River System, the ~ of which ~ apportioned in perpetuity ~ <br />the Upper Basin by the Colorado River Compact ~ secure the <br />expeditious aRricultural and industrial development of the Upper Basin, <br />the storaRe of water and to protect life and property from floods." <br /> <br />Article .L..ill. "It is recognized that the Colorado River Compact is in <br />full force and effect and all provisions hereof are subject thereto." <br /> <br />Article II. Terms are defined in Article II as they are in the Colorado <br />River Compact, with some additions that are mainly common hydrologic <br />terms and with their generally accepted definitions. <br /> <br />Article III, i!2.. "Subject to the provisions and limitations contained <br />in the Colorado River Compact and in this Compact, there is hereby <br />apportioned _ from the Upper Colorado River System in perpetuitv to the <br />States of Arizona, Colorado, New Mexico, Utah and Wyoming, respectively, <br />the consumptive ~ of water as follows: <br /> <br />(1) To the State of Arizona the consumptive use of 50,000 acre- <br />feet of water per annum. <br /> <br />(2) To the States of Colorado, New Mexico, Utah and Wyoming, <br />respectively, the consumotive ~ per annum of the quantities resulting <br />from the application of the following percentages to the total quantity <br />of consumptive ~ per annum apportioned in perpetuity to and available <br />for use each year by the Upper Basin under the Colorado River Compact <br />and remaining after the deduction of the use, not to exceed 50,000 acre- <br />feet per annum, made in the State of Arizona." <br /> <br />The percentages are specified as: Colorado, 51.75 percent; New <br />Mexico, 11.25 percent; Utah, 23.00 percent; and Wyoming, 14.00 percent. <br /> <br />Article III, ikL. Paragraph (b) qualifies the apportionment made to the <br />respective States under paragraph (a): <br /> <br />"(1) The apportionment is of any and all man-made depletions; <br /> <br />(2) Beneficial use is the basis, the ~easure and the limit of the <br />right to use ...". <br /> <br />1 <br />