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<br />:.:-.~. .,.~;.....,,~-~~..; :,.;
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<br />I Vol. '9: Page I
<br />
<br />ilSe water from
<br />, be determined
<br />reservoir losses
<br />lance over both
<br />is a useful pro.
<br />
<br />Colorado River
<br />: representative
<br />federal govern,
<br />be quantity of
<br />r in the Upper
<br />be quantity of
<br />) "the necessity
<br />ght;'" and (4)
<br />chargeable."'"
<br />lnsumptive use
<br />
<br />)sion's powers.
<br />ma facie rather
<br />,'he negotiators
<br />1t of an Upper
<br />eclined to give
<br />be curtailed in
<br />,idual states.'"
<br />~d by the para-
<br />!ary of the In,
<br />. in the Upper
<br />.arged that his
<br />t states, but he
<br />~ve little indi-
<br />,arcity. Its first
<br />_torage Project
<br />en engaged in
<br />
<br />. Basin storage, but
<br />, Conflicts Belwem
<br />"i'T: FRONTIERS TOJ.
<br />
<br />.:',;. ',~-"',_.' .~.~.__~ -..... " ,':. ,...: .: ,'.. ."--:..:,.""..,-:4 .!.:~ ;...'
<br />..~ ,^ _ :r.'.q..~)~ ,._~.~'..r.""~~ '. ~"-~-.;EJ:i' .!.. ..-......;0;;: ~:r:..l;.. :-:,..,~.'.;...,
<br />...-o(.~~:_;'o;,:~::>.., -.~ ::.."'-. ~..~~~-,;.:r.!~.. "'.;',-"," . ''". . '.
<br />
<br />
<br />J'O\cmbcr 1966] THE COLORADO RIVER 35
<br />
<br />dcwled studies perfecting the inllow.outllow method of measuring con-
<br />
<br />JIIIIIptive use.
<br />While the Upper Basin states did not establish specific delivery quotas
<br />te lines for fulfillment of the Lee Ferry obligation, individual states
<br />at S13 . th. . d I' d'
<br />Dated separate agreements governmg err respectIve e Ivery utIes
<br />ne~ain interstate streams. Previous settlements in earlier compacts (for
<br />~;ample, between Colorado and New Mexico regarding La Plata River)
<br />. re recognized by article X of the 1948 compact. In cases where no pre-
<br />:i~uS agreements existed, the affected states met in private sessions and
<br />nrj::otiatcd what were, in effecl, subcompacts. Moreover, once the states had
<br />Jell been allotted a fixed percentage of the virgin 1I0w, they reached agree-
<br />~lents among themselves designating the streams from which each could
<br />uke its apportioned share.'" These agreements are found in articles XI-
<br />XIV of the compact. Since the commission is not charged with enforcing
<br />lhc compact, future interstate conllicts regarding apportioned and unap-
<br />portioned streams presumably will be resolved by litigation or by direct
<br />nrj::otiation.
<br />Article XIV, which deals with apportionment of the San Juan River,
<br />merits special consideration. As the commissioner from Colorado noted,
<br />tloc San Juan is treated, in effc~t, as a "separate river." New Mexico, for
<br />which tile San Juan is the sole source of supply in the Upper Basin, was
<br />naturally concerned about its potential diversion by Colorado for projects
<br />oUBicle the San Juan sub-basin. Colorado assured the co=ission that this
<br />would not be done bccause the San Juan sub-basin is dependent upon the
<br />r;"cr for its developmenl,'" but New Mexico was unwilling to enter into
<br />tI,C compact absent protection of its rights to the river.'" Colorado therefore
<br />31:rccO to allow New Mexico to take its full percentage apportionment from
<br />tile San Juan and its tributaries rising in Colorado. Article XIV provides
<br />tI.at any curtailment of uses on the San Juan that may become necessary is
<br />to be: bascd on a percentage of average use "during times of average water
<br />ru!,pl)' as determined by the Commission."
<br />Article XV provides that agricultural and domestic uses in the Upper
<br />Ilasin shall be preferred to storage for power generation. However, the
<br />Lower Basin's claims and the Secretary of the Interior's power to manage
<br />tile major storage units cast doubt on the effectiveness of this declaration
<br />be:)'ond its inlluence on the Secretary's determinations.
<br />Article XV also bears on the Lower Basin's assertion of prior claim to
<br />waler which may be used for power generation. The Lower Basin main-
<br />tains that Glen Canyon Dam is to be used solely for the generation of power
<br />
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<br />
<br />I,
<br />ii
<br />
<br />146, :I. hCORD, M~tiog No.6, at I Z 1.
<br />147. :I. i4., Meeti.ngNo. 6, at 113.
<br />148.2ii..MeetingNo.6.atIJ4.
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