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control of water, the consumptive use of which is apportioned and available to such state <br />by this compact. <br />Article XVI <br />The failure of any state to use the water, or any part thereof, the use of which is <br />apportioned to it under the terms of this compact, shall not constitute a relinquishment of <br />the right to such use to the lower basin or to any other state, nor shall it constitute a <br />forfeiture or abandonment of the right to such use. <br />Article XVII <br />' The use of any water now or hereafter imported into the natural drainage basin of the <br />upper Colorado river system shall not be charged to any state under the apportionment of <br />consumptive use made by this compact. <br />Article XVIII <br />' (a) The state of Arizona reserves its rights and interest under the Colorado river <br />compact as a state of the lower division and as a state of the lower basin. <br />(b) The state of New Mexico and the state of Utah reserve their respective rights and <br />' interests under the Colorado river compact as states of the lower basin. <br />Article XIX <br />Nothing in this compact shall be construed as: <br />(a) Affecting the obligations of the United States of America to Indian tribes; <br />(b) Affecting the obligations of the United States of America under the treaty with the <br />United Mexican States (Treaty Series 994); <br />(c) Affecting any rights or powers of the United States of America, its agencies or <br />instrumentalities, in or to the waters of the upper Colorado river system, or its capacity to <br />acquire rights in and to the use of said water; <br />(d) Subjecting any property of the United States of America, its agencies or <br />instrumentalities, to taxation by any state or subdivision thereof, or creating any <br />obligation on the part of the United States of America, its agencies or instrumentalities, <br />by reason of the acquisition, construction or operation of any property or works of <br />whatever kind, to make any payment to any state or political subdivision thereof, state <br />agency, municipality or entity whatsoever, in reimbursement for the loss of taxes; <br />(e) Subjecting any property of the United States of America, its agencies or <br />instrumentalities, to the laws of any state to an extent other than the extent to which such <br />laws would apply without regard to this compact. <br />Article XX <br />