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III. Lower Basin Apportionment • Resolved in Arizona v. California, 373 U.S. 546 (1963); decree entered in Arizona v. California, 376 U.S. 340 (1964). • Divides "all the water in the mainstream below Lee Ferry." • Apportionments of 4.4 MAF to California, 2.8 MAF to Arizona, and .3 MAF to Nevada. • Surpluses and shortages to be decided by Secretary of the Interior. Surplus divided 50% to California, 46% to Arizona, and 4% to Nevada. Division of shortages up to Secretary. • Defines "consumptive use" as "means diversions from the stream less such return flow thereto as is available for consumptive use in the United States or in satisfaction of the Mexican Treaty obligation." • Defines "present perfected rights" as a water right, existing as of June 25, 1929, "acquired in accordance with state law, which right has been exercised by the actual diversion of a specific quantity of water that has been applied to a defined area of land or to definite municipal or industrial works, and in addition shall include water rights created by the reservation of mainstream water for the use of federal establishments under federal law whether or not the water has been applied to beneficial use." • Leaves each state the use of its own tributaries, with the exception of apportionment of upper Gila between New Mexico and Arizona. • The Supreme Court based its decision on sections 4 and 5 of the Boulder Canyon Proiect Act. The BCPA also makes clear that it is subject to, consistent with, or subsidiary to the Colorado River Compact. The Arizona v. California court decree also provides that it does not "affect any issue of interpretation of the Colorado River Compact." IV. 1945 Treaty with Mexico on Water Utilization. Allots Mexico a "guaranteed annual quantity" of 1.5 MAF. In a surplus, may be increased to 1.7 MAF; in an extraordinary drought, may be reduced in the same proportion as uses within the U.S. are reduced. Does not address how treaty burden is borne within U.S. V. 1968 Colorado River Basin Pro iect Act and Criteria for Coordinated Lona -Ranize Operation of Colorado River Reservoirs. Primarily, the CRBPA authorized the Central Arizona Project. The Upper Basin extracted protection for Lake Powell in section 602(a). Congress directed the Secretary of the Interior to promulgate operating criteria for Colorado River reservoirs, and directed that "the criteria shall make provision for the storage of water in storage units of the Colorado River storage project and releases of water from Lake Powell in the following listed order of priority: "(1) releases to supply one -half the deficiency described in article III(c) of the Colorado River Compact, if any such deficiency exists and is chargeable to the States of the Upper Division ...; (2) releases to comply with article III(d) of the Colorado River Compact, less such quantities of water delivered into the Colorado River below Lee Ferry to the credit of the States of the Upper Division from other sources; and (3) storage of water not required for the releases specified in clauses (1) and (2) of this 4