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<br /> <br />[Vol. '9: Page I <br /> <br />leed not, be read <br />there made para, <br /> <br />me between the <br />. depend heavily <br />lceivabIe that as <br />Iftect the quality <br /> <br />oundwater, and <br />s did not intend <br />; is unfortunate <br />edge in 1922), <br />)gically insepa_ <br />le Court in its <br />msumptive use <br />lmptive uses of <br />mainstream by <br /> <br />lent provisions <br />'ions are estab. <br />:. An account_ <br />naturally will <br />lore accurately <br />,hich excludes <br />Ie III(c). <br />time is specu- <br />f ornia the Su- <br />Lower Basin <br />ion of related <br />, more textual <br /> <br />ISIN <br /> <br />r Compact of <br />lSum ption at <br />Isumption at <br /> <br />.,,(111 Ground?, in <br /> <br />l'o.cm!>cr 1966] THE COLORADO RIVER 27 <br /> <br />56 million acre-feet per year." By '938 Upper Basin consumption <br />some 2~d slightly while Lower Basin consumption, with the benefit of <br />dccreas had increased to 5 million acre-feet. Thus, nearly two-thirds of the <br />~o~g~ . d th <br />apportioned to the Upper Basm states un er e 1922 compact was <br />9o'lltU B' "Th' 'L B' <br />8 .'ng unused to the Lower asm states. e mcrease In ower asm <br />~"~'as accompanied by a decrease in Upper Basin supply. The negotiators <br />::r~e Colorado River Compact had "assumed that the River produced <br />bout 16000,000 acre feet annually that could be safely apportioned and <br />a bout 5 ~oo,ooo acre feet surplus subject to division at some later date,"" <br />~ut late:, flow fi~es at Lee Ferry indicat~d that in years of low r~noff it <br />'ould be impoSSlble for the Upper Basm to mcrease consumptIve use <br />~catly and still meet its Lee Ferry delivery obligation." Thus, if the Upper <br />l\:lsin's economy was to expand, large expenditures were necessary to pro- <br />,'ide the carry-over storage that would enable the upper states to meet their <br />deli,'ery obligations and yet have water for new projects..' The traditional <br />source of such financing (and perhaps the only source) was the federal <br />J:o\'crnment,.' which insisted on a water-rights settlement before putting <br />up the money for further development." As the Lower Basin imbroglio <br />dcmonstrates, interstate water settlements in the West can involve pro- <br />tracted litigation. No such delay occurred in the Upper Basin, probably be- <br />ouse no state would gain by it. All were underdeveloped; none had the <br />resources to go it alone. It was a classic case of hanging together or hang- <br />ing separately. <br /> <br />A. Negotiation of the Upper Basin Compact <br /> <br />In order to understand the different positions taken by the individual <br />states as to the appropriate standard for apportioning the waters of the <br />upper Colorado, it is necessary to appreciate the geographical relationship <br />among the states concerned and their relative contributions to the river." <br />The state of Colorado is in the eastern portion of the basin and historically <br /> <br />91. SuWilbur &: Ely, op. cit.supra nate 62. at A.47, A5o. <br />92. 6 UpPER CoLO. RIVER CoMM'N ANX. Rtp. 23 (1954-1955). <br />93. 1 R.ECORD, M~etil1g NO.3, at 87-88. <br />904. For example, in the p~iod 1945-1959 inclusive, the anDual Bow of tht=: rivu at Lee Ferry <br />,,'as 10 million :ilere-feet or less in sevt=:n years and only twicc did it aceed J6 milliO:J acre-feeL <br />n UPPER CoLO. RIVER Co"Ud'N ANN. REp., app. 0 (J960). <br />95. 6;d. ~U..9 (J954-J95S). <br />96. For exampll!, Congrt=:Ss authorized a maximum of $760 million to carry out the Colorado <br />Ili.\'u StoT:l.ge Projen Act \ 1:::1.,43 U.S.C. \ 620k (1964). <br />97. "The formulation of an ultimate plan of rivu development, therefort=:, will require selection <br />from among possibilities for I!xpanding existing or authorized projt=:cts as well a5 from among thl! <br />(JOtC'ntial new projects. Before such Q sclur;on of projed$ (an he made, it will he nuessQT)I that the <br />Stl"UJ Color-do Rh." Basin SIQUS QK"U upon Ihe;r respectivc n',htr to deplete the water ~uppl}' of <br />Ole Colorado River or that lht=: couru apportion available watt=:r among lhem." CoLORADO RI\'ER 13 <br />(emplwis add~). <br />Parts of flYI! sUtes are withi.o. the Uppu Ba~in: Ari:r.ona, Colol'2do. New Maico, Utah, and <br />Wyoming. Only tht=: last four bne obligations under the 1922 comp.CL <br />98. For the' dau reported io. this paragraph, se:e 2 REcoltD, Meeting No.7. at 19. <br />