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(1 ) a July 20, 1982, letter to Assistant Secretary <br /> Carruthers setting forth New Mexico's position on, <br /> inter alia, the need for a new determination, <br /> ( 2) a January 18, 1984, letter to Clifford Barrett setting <br /> forth New Mexico's comments on the draft determination, <br /> (3) a February 1 , 1984, letter to Clifford Barrett setting <br /> forth Wyoming ' s comments on the draft determination, <br /> and <br /> (4) a January 26, 1984, letter to Jerry Zimmerman in which <br /> New Mexico proposes a resolution for adoption by the <br /> Upper Colorado River Commission. <br /> Finally, I would draw your attention to Article III (b) ( 3 ) of <br /> the Upper Colorado River Basin Compact, which states that: <br /> (3 ) No state shall exceed the apportioned <br /> use in any water year when the effect of such <br /> excess use, as determined by the commission, is <br /> to deprive another signatory state of its appor- <br /> tioned use during the water year; provided- that <br /> this subparagraph (b) (3 ) shall not be construed <br /> as: <br /> (i ) Altering the apportionment of use, <br /> or obligations to make deliveries as provided in <br /> article XI, XII, XIII or XIV of this compact; <br /> (ii) Purporting to apportion among the <br /> signatory states of such uses of water as the upper <br /> basin may entitled to under paragraphs ( f) and <br /> (g) of article III of the Colorado river compact; <br /> or <br /> (iii ) Countenancing average uses by any <br /> signatory state in excess of its apportionment. <br /> My analysis and recommendations will be presented to you at <br /> the Board meeting. <br /> BM/bf <br /> • <br /> Encls . : As stated <br /> cc : Felix Sparks (w/out encls . ) <br /> -2- <br />