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<br />This to us is not in compliance with the <br />congressional act. There is nothing in the <br />congressional act which states that the Upper <br />Basin must deliver 6~ million acre-feet at Lee <br />Ferry under any circumstances. As a matter of I <br />fact, the congressional act is clearly to the <br />contrary. The act says that if Lake Powell is <br />below the capacity of Lake Mead and we are <br />making our 75 million acre-feet obligation, -. <br />plus the Mexican Treaty (whatever that may be), <br />then Lake Powell should be brought up to the <br />level of Lake Mead. We have the absurd position <br />through the proposed criteria that if Lake Powell <br />is empty and Lake Mead is full, 6~ million acre- <br />feet of water would be released at Lee Ferry. <br />This position is intolerable to the Upper Basin <br />states and in clear and direct violation of the <br />act of Congress. We have a serious objection <br />to that part of the proposed criteria. Gover- <br />nor Love voiced a considerable objection to it <br />at the Commission meeting last week. <br /> <br />We have recommended to the Secretary that <br />that particular section be amended to conform <br />with the law. We object to the figure '6~ <br />million'. That figure was arrived at by <br />adding 7~ million, or 75 million in every <br />consecutive ten-year period, plus half of the <br />Mexican Treaty of 750,000 acre-feet. In other <br />words, the Department of the Interior assumes <br />that the Upper Basin has to deliver 750,000 <br />acre-feet of water at Lee Ferry each year as <br />half of the Mexican burden. This, again, is <br />in direct violation of the Colorado River Com- <br />pact. The Colorado River Compact states that <br />if there is a deficiency at the international <br />boundary, then the Upper Basin and Lower Basin <br />shall share that deficiency equally. There I~. . <br />has never been a deficiency at the international <br />boundary. Why at this time should the Upper <br />Basin be charged with delivering 750,000 acre- <br />feet to satisfy a non-existent deficiency? It <br />makes no sense at all. <br /> <br />In clear violation of the compact, the <br />