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I <br />UPPER BASIN \UPPER COLORADO RIVER COMMISSION ISSUES <br />Upper Colorado River Compact <br />1. Article IV(b) provides: "If any State or States of the Upper Division, in the ten years <br />immediately preceding the water year in which curtailment is necessary, shall have <br />consumptively used more water than it was or they were... entitled to use under the <br />apportionment made by Article III of this compact, such State or States shall be required to <br />supply at Lee Ferry a quantity of water equal to its, or the aggregate of their, overdraft or the <br />proportionate part of such overdraft, as may be necessary to assure compliance with Article <br />III of the Colorado River Compact..." <br />IA. At present, it appears that no Upper Basin State is actually using more than its <br />entitlement. However, New Mexico has contracts in place for projects that would use its full <br />entitlement. Presently, there is no agreement among the Upper Basin States on methods to <br />be used for consumptive use and loss accounting. Need the Commission to agree on a <br />monitoring methodology. <br />1B. The Commission needs to agree on how to implement Article IV(c.) which states, <br />"Except as provided in subparagraph (a) of this Article, the extent of curtailment by each <br />State of the Upper Division of the consumptive use of water apportioned to it by Article III <br />of this Compact shall be such as to result in the delivery at Lee Ferry of a quantity of water <br />which bears the same relation to the total required curtailment of use by the States of the <br />Upper Division as the consumptive use of Upper Colorado River System water which was <br />made by each State during the water year immediately preceding the year in which the <br />curtailment becomes necessary bears to the total consumptive use of such water in the States <br />of the Upper Division during the same year; provided, that in determining such relation the <br />uses of water under rights perfected prior to November 24, 1922, shall be excluded." <br />IB1. What does perfected mean? <br />I132. Is 1922 the date to use given that LB interests are allowed a 1929 date, or the date on <br />which the Boulder Canyon Project Act was passed? <br />Page 1 of 2 <br />