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<br />001G93
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<br />therefore have been a neighborly 50-50 split of the waters of
<br />the Colorado River. The conunissioner from Arizona, however,
<br />insisted that if the Upper Basin were to get another million
<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 />bi\laDce again.
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<br />Since the commissioner from Arizona was adament on the
<br />point, a rather devious solution ~las finally worked out. The
<br />compact was written so that it would aPfear that the waters
<br />would be divided on a 50-50 basis. Art cle III (a) carried
<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 Article 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 Nexico (subsequently established by
<br />treaty at 1,500,000 acre-feet of water annually). In computing
<br />any deficiency in deliveries to ~~xico, the Lower Basin is>
<br />entitled to compute the total of its use as being both III(a)
<br />and (b), i.e., 8,500,000' acre-feet of water, while the only
<br />use accorded to the Upper Basin is in Article 111(a), i.e.,
<br />7,500,000 acre-feet of water. ":, . ': " ." ..... .
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<br />It should be noted that the commissioners 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 />supl'ly 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 17,500,000
<br />acre-feet annually (l~ million to Mexico, 8~ million to the
<br />Lower Basin, and 7~ million to the Upper Basin).
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<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.
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<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, 1522. In historical sequence, the compact was
<br />ratliied by the Legislatures of the respective states as
<br />follows: ~yoming - February 25, 1925, Colorado ~ February 26,
<br />1925, New Mexico - f~rch 17, 1925, Nevada - March 18, 1925,
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