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<br />Colorado. And we put a lim~tation on the <br />shortages that this could not be shortages <br />created by New Mexico using more than its <br />share of water. <br /> <br />We have spent a considerable amount of <br />money and a tremendous amount of time on <br />this problem. No matter how we turned this <br />around we felt, as far as our staff is con- <br />cerned, that this is as far as we could <br />legally'go under the terms of the Basin Com- <br />pact. This provision in effect states~ <br />That when New Mexico will get its share of <br />water, as can be reasonably anticipated in <br />any water year, delivered at the Navajo <br />Reservoir, even though then, the flow of the <br />river may drop off to nothing in August.and <br />September, that they have to release stored <br />water to take care of rights downstream. Now <br />that would not occur under the laws of any <br />state norma~ly, because if the flow of the <br />river is not. there; then the direct flow <br />appropriators below can't call upon stored <br />water as we all know in this state. They <br />have no right to it. But there was a possi- <br />bility that under the Compact, since the <br />flow of the main river, the San Juan, was <br />hot sufficient for the Indian rights, or <br />whatever rights may exist below Navajo, that <br />they could legally demand, or call upon the <br />flow of the Animas River, at least to the <br />extent of competing with any new uses out of <br />the Animas River that we may have, such as <br />the proposed Animas-La Plata Project. <br /> <br />So this provision states that they cannot <br />call upon the Animas when that condition. ex- <br />ists, or when it can be reasonably anticipated <br />that we are making their deliveries at Navajo <br />Reservoir. They have to release either stored <br />water or natural flow to take care of those <br />downstream rights. No'. shortages in that si tua-- <br />tion could occur in New Mexico under the Com- <br />pact because they would have received their <br />full share of water at the Navajo Dam. <br /> <br />I <br /> <br />Then there is a further provision. <br />Assuming a year in which New Mexico does .!1.21 <br />get its full share of water. under the Compact <br />- in other words, we are not delivering it to <br />them under the terms of the Compact - they <br /> <br />I <br />