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<br />" <br /> <br />. <br /> <br />. <br /> <br />Since California and Arizona could not reach accord as to the amount ot <br />water to be allocated to California, nor as to which tributary waters were to be <br />included in the Lower Basin allocation, the Lower Basin states were unable to <br />negotiate the compact which Congress had authorized them to make in Section 4 of <br />the Boulder Canyon Project Act. The Supreme Court in the 1963 case of ~ Y:. <br />California, 373 U.S. 546, 83 S.Ct. 1468, 10 L.Ed. 2d 572 (1963), held that absent <br />agreement by the Lower Basin states, the Secretary of Interior was authorized by <br />the Project Act to divide the Lower Basin waters through water contracts with <br />Lower Basin water users. <br /> <br />CONTENT OF THE <br />COLORADO RIVER COMPACT AND THE <br />UPPER COLORADO RIVER BASlN COMPACT <br /> <br />The compacts are attached hereto as Attachments 2 and 3. The Colorado <br /> <br /> <br />River Compact contains eleven articles in which the Colorado River Basin is <br /> <br /> <br />diyided into two basins at Lee Ferry and an al?Port~onment of the use ~f the water <br /> <br /> <br />of the Colorado River System is made to eaeh of them. Artiole ill sets forth the <br /> <br /> <br />al?Portionments as Collows: n... in perpetuity to the 'Y.'p~er Basin and to the Lower <br /> <br /> <br />Basin, respectively, the exclusive beneficial consumptive use or 7,500,000 acre-leet <br /> <br /> <br />of water per annum . . . II In addition, the Lower Basin was given the right to <br /> <br /> <br />increase its beneficial consumptive use of such waters by one million acre-feet per <br /> <br /> <br />annum in Artiole m(b). Artiele illW and (g) provide a means lor further equitable <br /> <br /> <br />al?Portionment of the waters after October i, 1963, if and when either basin has put <br /> <br /> <br />its entire allocation of water to consumptive beneficial use. Interstate priorities of <br /> <br /> <br />various uses, including navigation and power generation are set forth in Article IV. <br /> <br /> <br />Article XI providing for unanimous consent was waived by the signatory states, as <br /> <br /> <br />provided in the Boulder Canyon Project Act, so that the compact could become <br /> <br /> <br />effective with the consent of only six states. <br /> <br />-6- <br />