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<br />. <br /> <br />. <br /> <br />w::.. <br />o <br />-:1 <br />Cj) <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />CHAPTER VIII: INSTITUTIONAL ASPECTS OF <br />IMPLEMENTING PL 92-500 IN THE <br />COLORADO RIVER BASIN <br /> <br />PL 92-500 IN RELATION TO THE "LAW OF THE RIVER" <br /> <br />Baseline Legal Framework <br /> <br />Water Allocation in the Colorado River Basin. Generally speak- <br /> <br />ing, the flow of the Colorado River is divided among users on the basis <br /> <br />of beneficial consumptive use. What is apportioned are rights to consume <br /> <br />certain amounts of water for purpos~s recognized to be beneficial under <br /> <br />the law. These rights to divert and deplete the flow of the system are <br /> <br />allotted pursuant to formulae, criteria, and priorities embodied in <br /> <br />numerous laws. <br /> <br />The allocation system for the Colorado River and its tributaries <br /> <br />operates at four levels: International, interregional, interstate, and <br /> <br />intrastate. At the international level, the use of the river has been <br /> <br />divided between the United States and Mexico by treaty. On the broadest <br /> <br />dome stic level, the beneficial utility has been both re served (to an uncertain <br /> <br />extent) for Indian and Federal uses and apportioned between two interstate <br /> <br />regions, the Upper Basin and the Lower Basin. The reservation of water <br /> <br />occurred in connection with the creation of Indian and Federal reserva- <br /> <br />tions, variously by treaty, executive order, and act of Congress. The <br /> <br />interregional allocation was accomplished by interstate compact and act <br /> <br />of Congress. At the next level of generality, the beneficial utility has <br /> <br />been apportioned among tl)e states. This has been achieved by a <br /> <br />1 <br />