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<br />003137 <br /> <br />Page 36 <br /> <br />Basin. The demand level at Node 34, 729,000 acre feet, was determined by taking <br /> <br />the difference between the highest historic delivery by MWD and its high- <br /> <br />priority entitlement (498,000 acre-feet, Node 33). <br /> <br />Similarly, the ultimate demand of CAP was set at the physical capacity of <br /> <br />the diversion. Strictly speaking, this overstates Arizona's entitlement in the <br /> <br />constrained case (Arizona's total entitlement, as set by Arizona v. California <br /> <br />is 2.8 MAF). <br /> <br />When simulating operation of the system under institutional constraints, <br /> <br />the Lee Ferry delivery obligation served to separate the system into the Upper <br /> <br />Basin and the Lower Basin. Under Article lII(c) of the 1922 Compact, the Upper <br /> <br />~ <br /> <br />Basin must allow 75,000,000 acre-feet to flow past the Lee Ferry gage in any <br /> <br />ten-year period. One common inte~pretation of Article lII(c) of the 1922 <br /> <br />Compact, however, holds that the Upper Basin must also contribute half of the <br /> <br />1.5 MAF/year delivery obligation to Mexico for a total obligation of. 82.5 MAF in <br /> <br />I <br /> <br />, <br /> <br />any ten-year period. <br /> <br />The current operating rules of the Department of the Interior for Glen <br /> <br />Canyon Dam both reflect and disclaim this interpretation. These rules provide <br /> <br />for a minimum release from Glen Canyon Dam of 8.23 MAF per year. The Paria <br /> <br />River confluence with the Mainstem is below Glen Canyon Dam (and the Lee's Ferry <br /> <br />gage) but above the Compact Point at Lee Ferry. The Paria contributes an <br /> <br />average of 20,000 acre-feet to bring the total annual delivery to 8.25 MAF on <br /> <br />the average. The rules do not provide any mechanism whereby releases from Glen <br /> <br />Canyon Dam may be reduced below 8.23 MAF. Thus, the rules do not implement the <br /> <br />strict interpretation of the 1922 Compact which would cause the release at Glen <br /> <br />Canyon to be reduced below 8.23 MAF to reflect higher. releases during the <br /> <br />previous ten years. <br />