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VIII. Present perfected rights to the beneficial use
<br />of waters of the Colorado River System are
<br />unimpaired by this compact. Whenever storage
<br />capacity of 5,000,000 acre feet shall have been
<br />provided on the main Colorado River within or for
<br />the benefit of the Lower Basin, then claims of such
<br />rights, if any, by appropriators or users of waters in
<br />the Lower Basin, against appropriators or users of
<br />water in the Upper Basin shall attach to and be
<br />satisfied from water that may be stored not in
<br />conflict with Article III.
<br />Article III
<br />(a) Subject to the provisions and limitations contained in the Colorado Ti
<br />compact and in this compact, there is hereby apportioned from the up.
<br />Colorado river system in perpetuity to the states of Arizona, Colorado, N
<br />Mexico, Utah and Wyoming, respectively, the consumptive use of water
<br />follows:
<br />(1) To the state of Arizona the consumptive use of 50,000 acre -feet of water
<br />annum
<br />(2) To the states of Colorado, New Mexico, Utah and Wyoming, respective
<br />the consumptive use per annum of the quantities resulting from the applicat .
<br />of the following percentages to the total quantity of consumptive use per anal
<br />appropriated in perpetuity to and available for use each year by upper ba
<br />under the Colorado river compact and remaining after the deduction of the u
<br />not to exceed 50,000 acre -feet per annum, made in the state of Arizona.
<br />- State of Colorado ........... 51.75 per cent,
<br />- StateofNew Mexico ....... 11.25 per cent,
<br />- State of Utah ................. 23.00 per cent,
<br />- State of Wyoming .......... 14.00 per cent.
<br />Upper Colorado Compact
<br />Allocations by State
<br />_ - - - - -
<br />-s<.t. 56 w.n.sMartru v, -wsMnr �
<br />..avM tm..r ar�r..eeg7
<br />i
<br />Cobndo 51.)5 3,855,305 3,0)9,115
<br />i !
<br />i
<br />Ni Mcx 1— 838,125 669,375
<br />I
<br />um z3 3,713so6 5,368,so9
<br />� WyammB 16 110631000 833,000
<br />I
<br />Upper Colorado River Basin Compact
<br />• Negotiated in 1948 by representatives of Arizona,
<br />Colorado, New Mexico, Utah, Wyoming and the
<br />federal government, approved in 1949.
<br />• Uses same definitions in the Colorado River
<br />Compact.
<br />III(b) -The apportionment made to the respective states by paragraph (a) of this
<br />article is based upon, and shall be applied in conformity with, the following
<br />principles and each of them
<br />(1) The apportionment is of any and all man -made depletions;
<br />(2) Beneficial use is the basis, the measure and the limit of the right to use;
<br />(3) No state shall exceed the apportioned use in any water year when the effect of
<br />such excess use, as determined by the commission, is to deprive another signatory
<br />state of its apportioned use during the water year; provided that this subparagraph
<br />(b)(3) shall not be construed as:
<br />(i) Altering the apportionment of use, or obligations to make deliveries as
<br />provided in article XI, XQ, XIII or XIV of this compact;
<br />(ii) Purporting to apportion among the signatory states of such uses of water
<br />as the upper basin may be entitled to under paragraphs (i) and (g) of
<br />article III of the Colorado river compact; or
<br />(iii) Countenancing average uses by any signatory state in excess of its
<br />apportionment.
<br />(4) The apportionment to each state includes all water necessary for the supply of
<br />any rights which now exist.
<br />Article VIII (a) There is hereby created an interstate
<br />administrative agency to be known as the "Upper Colorado
<br />River Commission." The commission shall be composed of
<br />one commissioner representing each of the states of the upper
<br />division, namely, the states of Colorado, New Mexico, Utah
<br />and Wyoming, designated or appointed in accordance with the
<br />laws of each such state and, if designated by the President, one
<br />commissioner representing the United States of America. The
<br />President is hereby requested to designate a commissioner. If
<br />so designated the commissioner representing the United States
<br />of America shall be the presiding officer of the commission
<br />and shall be entitled to the same powers and rights as the
<br />commissioner of any state. Any four members of the
<br />commission shall constitute a quorum:
<br />(e) Except as otherwise provided in this compact the
<br />concurrence of four members of the commission shall be
<br />required in any action taken by it.
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