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proportionate relation to the consumptive use made in each state during times of average water supply as <br />determined by the commission; provided, that any preferential uses of water to which Indians are entitled <br />under article XIX shall be excluded in determining the amount of curtailment to be made under this <br />paragraph. <br />(d) The curtailment of water use by either state in order to make deliveries at Lee ferry as required <br />by article IV of this compact shall be independent of any and all conditions imposed by this article and shall <br />be made by each state, as and when required, 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 charged under <br />the apportionment of article III hereof to the state in which the use is made; provided, that consumptive use <br />incident to the diversion, impounding or conveyance of water in one state for use in the other shall be <br />charged to the latter state. <br />Article XV <br />(a) Subject to the provisions of the Colorado river compact and of this compact, water of the upper <br />Colorado river system may be impounded and used for the generation of electrical power, but such <br />impounding and use shall be subservient to the use and consumption of such water for agricultural and <br />domestic purposes and shall not interfere 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 power of any <br />signatory state to regulate within its boundaries the appropriation, use and control of water, the consumptive <br />use of which is apportioned and available to such state 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 apportioned to it <br />under the terms of this compact, shall not constitute a relinquishment of the right to such use to the lower <br />basin or to any other state, nor shall it constitute a 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 upper Colorado <br />river system shall not be charged to any state under the apportionment of consumptive use made by this <br />compact. <br />Article XVIII <br />(a) The state of Arizona reserves its rights and interest under the Colorado river compact as a state of <br />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 interests under <br />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 United <br />Mexican States (Treaty Series 994); <br />(c) Affecting any rights or powers of the United States of America, its agencies or instrumentalities, <br />in or to the waters of the upper Colorado river system, or its capacity to acquire rights in and to the use of <br />said water; <br />(d) Subjecting any property of the United States of America, its agencies or instrumentalities, to <br />taxation by any state or subdivision thereof, or creating any obligation on the part of the United States of <br />America, its agencies or instrumentalities, by reason of the acquisition, construction or operation of any <br />property or works of 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 />