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<br />,. .:.,'. "..~".<,:-;','o';',:', "~"'.... . . ",;"",..;-~FJ';"",_'v:""_'":'>_''_;'''~';'''''::':''-''' "" <br /> <br />LEEDS. HILL AND } EWEIT, INC. <br /> <br />LIMITATIONS ON UPPER BASIN DEVELOPMENTS <br /> <br />When the Colorado River Compact was entered into in 1922 <br /> <br />there was apportioned from the Colorado River System in pel'petuity <br /> <br />to the Upper Basin the exclusive beneficial consumptive use of <br /> <br />7,500,000 a.cre feet of water per annum, including all water necessary <br /> <br />for the supply of any rights then existing. However, Simon H. Rifkind, <br /> <br />Special Master, in his report of December 5, 1960 to the Supreme <br /> <br />Court of the United States in the action, State of Arizona vs. State of <br /> <br />California, stated: <br /> <br />This apportionment is accomplished by establishing <br />a ceiling on the quantity of water which may be <br />appropriated in each Basin as against the other. <br />(Page 140). <br /> <br />I regard Article III (a) and (b) as a limitation on <br />appropriative rights and not as a source of supply. <br />(Page 149). <br /> <br />For Compact purpos es, Article III (a) and (b) can <br />refer only to limits on appropriations, not to the <br />supply of water itself. (Page 149). <br /> <br />The States of the Upper Basin ha.ve proceeded on the assUl?ption <br /> <br />that they were entitled to consume the quantity of water apportioned <br /> <br />to them by the Compact in disregard of any developments in the <br /> <br />Lower Basin, subject only to physical limitations on the available <br /> <br />water supply and compliance with the provisions of Article III (c) <br /> <br />and (d) of the Colorado River Compact. The Colorado River Storage <br /> <br />Project and Participating Projects, now under construction, have been <br /> <br />-1- <br />