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The state of Colorado agrees to deliver to the state of New Mexico from the San Juan <br />river and its tributaries which rise in the state of Colorado a quantity of water which shall <br />be sufficient, together with water originating in the San Juan basin in the state of New <br />Mexico, to enable the state of New Mexico to make full use of the water apportioned to <br />the state of New Mexico by article III of this compact, subject, however, to the following: <br />(a) A first and prior right shall be recognized as to: <br />(1) All uses of water made in either state at the time of the signing of this compact; <br />and <br />(2) All uses of water contemplated by projects authorized, at the time of the signing <br />of this compact under the laws of the United States of America whether or not such <br />projects are eventually constructed by the United States of America or by some other <br />entity. <br />(b) The state of Colorado assents to diversions and storage of water in the state of <br />Colorado for use in the state of New Mexico, subject to compliance with article IX of this <br />compact. <br />(c) The uses of the waters of the San Juan river and any of its tributaries within either <br />state which are dependent upon a common source of water and which are not covered by <br />(a) hereof, shall in times of water shortages be reduced in such quantity that the resulting <br />consumptive use in each state will bear the same proportionate relation to the <br />consumptive use made in each state during times of average water supply as determined <br />by the commission; provided, that any preferential uses of water to which Indians are <br />entitled under article XIX shall be excluded in determining the amount of curtailment to <br />be made under this paragraph. <br />(d) The curtailment of water use by either state in order to make deliveries at Lee <br />ferry as required by article IV of this compact shall be independent of any and all <br />conditions imposed by this article and shall be made by each state, as and when required, <br />without regard to any provision of this article. <br />(e) All consumptive use of the waters of the San Juan river and its tributaries shall be <br />charged under the apportionment of article III hereof to the state in which the use is <br />made; provided, that consumptive use incident to the diversion, impounding or <br />conveyance of water in one state for use in the other shall be charged to the latter state. <br />Article XV <br />(a) Subject to the provisions of the Colorado river compact and of this compact, water <br />of the upper Colorado river system may be impounded and used for the generation of <br />electrical power, but such impounding and use shall be subservient to the use and <br />consumption of such water for agricultural and domestic purposes and shall not interfere <br />with or prevent use for such dominant purposes. <br />(b) The provisions of this compact shall not apply to or interfere with the right or <br />power of any signatory state to regulate within its boundaries the appropriation, use and <br />