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<br />therefore have been a neighborly 50-50 split of the waters of
<br />the Colorado River. The connnissioner from Arizona, how~,
<br />~ insisted that if the Upper E~sin were to get another millio~
<br />acre-feet of water, then the Lower Basin must have another'.
<br />million acre-feet of water also. This threw the matter out of
<br />balance again. ~..
<br />
<br />Since the commissioner from Arizona was adament on the
<br />point, a rather devious solution was finally worked out. The
<br />compact was ~ritten so that it ~ould ~p~ear that the wa~ers
<br />would be div~ded on a 50-50 bas~s. Art~cle III (a) carr~ed
<br />out this theme by providing for the apportionment of 7,500,000
<br />acre-feet of water annually to the Upper Basin and Lower Basin
<br />respectively "in perpetuity." However, in P.rticle III(b) the
<br />Lower Basin was "given the right" to increase its consumptive
<br />use of water by one million acre-feet annually. This latter
<br />provision would have been relatively innocuous had it not been
<br />followed by Article III(c) concerning future deliveries of
<br />water to the Republic of Mexico (subsequently established by
<br />treaty at 1,500,000 acre-feet of water annually). In computing
<br />any deficiency in deliveries to Mexico, the Lower Basin is
<br />entitled to compute the total of its use as being both III (a)
<br />and (b), i.e., 8,SOO,000'acre-feet of water, while the only
<br />use accorded to the Upper Basin is in Article III(a), i.e.,
<br />7,SOO,000 acre-feet of water. '. . ... . ...., .
<br />
<br />It should be noted that the connnissioners calculated the )
<br />average annual virgin flow of the river at Lee Ferry at approxi~
<br />mately 17,000,000 acre-feet and the virgin flow of the lower
<br />tributaries at about 4,000,000 acre-feet, making a total water
<br />supply of about 21,000,000 acre-feet annually. The present
<br />historic records indicate that the total virgin flow of the
<br />Colorado and its tributaries has not exceeded 18,000,000 acre-
<br />feet annually. Total allocations from the river are l7,SOO,000
<br />acre-feet annually (l~ million to Mexico, 8~ million to the
<br />Lower Basin, and 7~ million to the Upper Basin).
<br />
<br />A further provision of the compact provides that the
<br />Upper Basin shall not cause the flow of the river to be depleted
<br />below 75,000,000 acre-feet in any consecutive ten-year period
<br />reckoned in continuing progressive series. This amount of
<br />water, together with tributary inflow below Lee Ferry, has
<br />historically been sufficient to satisfy both the Lower Basin
<br />and the Mexican Treaty allocations.
<br />
<br />The completed compact was signed by the respective com-
<br />missioners of each of the seven Colorado River Basin States
<br />and by Herbert Hoover as a representative of the United States
<br />at the Palace of Governors in Santa Fe, New Mexico on
<br />November 24, lS22. In historical sequence, the compact was
<br />ratified by the Legislatures of the respective states as
<br />follows: Wyoming - February 25, 1925, Colorado - February 26,
<br />1925, New Mexico - March 17, 1925, Nevada - ~~rch 18, 1925,
<br />
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