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<br />001547 <br /> <br />Indeed, at least one receiving state; Nevada, now requires <br /> <br />t <br /> <br />water in excess of its 1922 allocation. A second, California, will <br /> <br />soon utilize Upper Basin surplus. Because that surplus is always <br /> <br />subject to adjustment through drought and increased demand from <br /> <br />it <br /> <br />Arizona, California may also turn to water leasing. <br /> <br />To date, California has used in excess of its 4,400,000 acre- <br /> <br />feet allocation secured under the 1922 Compact. <br /> <br />That excess is <br /> <br />currently at 800,000 acre-feet. <br /> <br />Significantly, however, that <br /> <br />excess has been taken from Arizona's allocation of water which is <br /> <br />yet to be fully utilized, but will be soon under the water <br /> <br />development currently taking place as a result of the construction <br /> <br />of the Central Arizona project. <br /> <br />While California has never <br /> <br />~," <br /> <br />utilized Upper Basin surplus to take in excess of 4,400,000 acre- <br /> <br />feet, it will soon confront that future possibility. <br /> <br />Under the <br /> <br />1922 Compact, California is entitled to a portion of the surplus. <br /> <br />c <br /> <br />It is not entitled to a fixed and predictable supply of surplus. <br /> <br />However, <br /> <br />in the absence of a Compact or equi table <br /> <br />apportionment decree, California would have utilized excess Upper <br /> <br />Basin waters, appropriated the water under state law, and in such <br /> <br />a setting would have justifiably relied on such a supply. <br /> <br />That <br /> <br />( <br /> <br />reliance would have' become legally protected. ,See Restatement 2nd, <br /> <br />Contracts, ~90. Section 90 of the Restatement 2nd states: <br /> <br />A promise which the promisor should reasonably <br />expect to induce action or forbearance on the <br />part of the promisee or a third person and <br />which does induce such action or forbearance <br /> <br />-,.~,,~ <br /> <br />21 <br /> <br />10 <br />