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B. Uses the same definitions as the Colorado River Compact. <br />C. Article III(a) apportions "in perpetuity" the Upper Basin's share of the <br />consumptive use of water under the Colorado River Compact to individual <br />states. Arizona gets a flat 50,000 AFY. The rest is by percentages: <br />State <br />% <br />% of 7.5 MAF <br />(full supply) <br />% of 6 MAF <br />(most likely <br />supply) <br />Colorado <br />51.75 <br />3,855,375 <br />3,079,125 <br />New Mexico <br />11.25 <br />838,125 <br />669,375 <br />Utah <br />23 <br />1,713,500 <br />1,368,500 <br />Wyoming <br />1 14 <br />1 1,043,000 <br />1 833,000 <br />D. Article VIII creates the Upper Colorado River Commission. <br />E. Includes specific provisions about measurement of depletions, overuse of <br />apportionments, and curtailment to meet the requirements of the Colorado <br />River Compact, at Articles III(b) and IV. Article IV provides for curtailment if <br />necessary to meet the 1922 Compact requirements. The Upper Colorado <br />River Commission is to make the determination, applying several principles. <br />First, any state that has overused in the preceding ten years must supply a <br />quantity at Lee Ferry equal to its aggregate overdraft (IV(B)). Second, except <br />for the makeup of overdraft, the extent of curtailment is to be proportional to <br />the consumptive use by each state in the preceding water year, excluding use <br />of water "under rights perfected prior to November 24, 1922" (IV(c)). <br />F. Articles X through XIV address specific interstate tributaries. <br />III. Lower Basin Apportionment <br />A. Resolved in Arizona v. California, 373 U.S. 546 (1963); decree entered in <br />Arizona v. California, 376 U.S. 340 (1964). <br />B. Divides "all the water in the mainstream below Lee Ferry." 373 U.S. at 591; <br />decree paragraph I.B. <br />C. Apportionments of 4.4 MAFY to California, 2.8 MAFY to Arizona, and .3 <br />MAFY to Nevada. Decree, paragraph II.B.1. <br />Surpluses and shortages to be decided by Secretary of Interior. Surplus divided 50% to <br />California, 46% to Arizona, and 4% to Nevada. Division of shortages up to Secretary. <br />Decree, paragraphs II.B.2 and II.B.3. <br />IV. 1945 Treaty with Mexico on Water Utilization, 59 Stat. 1219. Allots Mexico a <br />"guaranteed annual quantity" of 1.5 MAF. In a surplus, may be increased to 1.7 MAF; in <br />an extraordinary drought, may be reduced in the same proportion as uses within the U.S. <br />are reduced. <br />V. 1956 Colorado River Storage Project Act, 43 U.S.C. § 620. Provides for construction <br />of four major "storage units:" Lake Powell (26 MAF); Flaming Gorge (3.75MAF active <br />capacity); Navajo (about 1 MAF active capacity); and Aspinall (about .8 MAF active <br />