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<br />under article XIX shall be excluded in determining the <br />amount of curtailment to be made under this paragraph. <br />(d) The curtailment of water use by either state <br />in order to make deliveries at Lee ferry as required by <br />article IV of this compact shall be independent of any <br />and all conditions imposed by this article and shall be <br />made by each state, as and when required, without <br />regard to any provision of this article. <br />(e) All consumptive use ofthe waters of the <br />San Juan river and its tributaries shall be charged under <br />the apportionment of article III hereof to the state in <br />which the use is made; provided, that consumptive use <br />incident to the diversion, impounding or conveyance of <br />water in one state for use in the other shall be charged to <br />the latter state. <br /> <br />Article XV <br />(a) Subject to the provisions of the Colorado <br />river compact and of this compact, water of the upper <br />Colorado river system may be impounded and used for <br />the generation of electrical power, but such impounding <br />and use shall be subservient to the use and consumption <br />of such water for agricultural and domestic purposes <br />and shall not interfere with or prevent use for such <br />dominant purposes. <br />(b) The provisions of this compact shall not <br />apply to or interfere with the right or power of any <br />signatory state to regulate within its boundaries the <br />appropriation, use and control of water, the consumptive <br />use of which is apportioned and available to such state <br />by this compact. <br /> <br />Article XVI <br />The failure of any state to use the water, or any <br />part thereof, the use of which is apportioned to it under <br />the terms of this compact, shall not constitute a <br />relinquishment of the right to such use to the lower <br />basin or to any other state, nor shall it constitute a <br />forfeiture or abandonment of the right to such use. <br /> <br />Article XVII <br />The use of any water now or hereafter <br />imported into the natural drainage basin of the upper <br />Colorado river system shall not be charged to any state <br />under the apportionment of consumptive use made by <br />this compact. <br /> <br />Article XVIII <br />(a) The state of Arizona reserves its rights and <br />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 <br />Utah reserve their respective rights and interests under <br />the Colorado river compact as states of the lower basin. <br /> <br />Article XIX <br />Nothing in this compact shall be construed as: <br />(a) Affecting the obligations of the United <br />States of America to Indian tribes; <br /> <br />(b) Affecting the obligations of the United <br />States of America under the treaty with the United <br />Mexican States (Treaty Series 994); <br />(c) Affecting any rights or powers of the <br />United States of America, its agencies or <br />instrumentalities, in or to the waters of the upper <br />Colorado river system, or its capacity to acquire rights <br />in and to the use of said water; <br />(d) Subjectirlg any property of the United <br />States of America, its agencies or instrumentalities, to <br />taxation by any state or subdivision thereof, or creating <br />any obligation on the part of the United States of <br />America, its agencies or instrumentalities, by reason of <br />the acquisition, construction or operation of any <br />property or works of whatever kind, to make any <br />payment to any state or political subdivision thereof, <br />state agency, municipality or entity whatsoever, in <br />reimbursement for the loss of taxes; <br />(e) Subjecting any property of the United <br />States of America, its agencies or instrumentalities, to <br />the laws of any state to an extent other than the extent to <br />which such laws would apply without regard to this <br />compact. <br /> <br />Article XX <br />This compact may be terminated at any time by <br />the unanimous agreement of the signatory states. In the <br />event of such termination, all rights established under it <br />shall continue unimpaired. <br /> <br />Article XXI <br />This compact shall become binding and <br />obligatory when it shall have been ratified by the <br />legislatures of each of the signatory states and approved <br />by the congress of the United States of America. Notice <br />of ratification by the legislatures of the signatory states <br />shall be given by the governor of each signatory state to <br />the governor of each of the other signatory states and to <br />the President of the United States of America, and the <br />President is hereby requested to give notice to the <br />governor of each of the signatory states of approval by <br />the congress of the United States of America. <br />IN WITNESS WHEREOF, the commissioners <br />have executed six counterparts hereof each of which <br />shall be and constitute an original, one of which shall be <br />deposited in the archives of the department of state of <br />the United States of America, and one of which shall be <br />forwarded to the governor of each of the signatory <br />states. <br />Done at the city of Santa Fe, state of New <br />Mexico, this 11 th day of October, 1948. <br />Charles A. Carlson, <br />Commissioner for the <br />State of Arizona. <br />Clifford H. Stone, <br />Commissioner for the <br />State of Colorado. <br />Fred E. Wilson, <br />Commissioner for the <br />State of New Mexico. <br /> <br />75 <br />