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<br />. <br /> <br />the Central Arizona Project in the event of shortage. 2l <br /> <br />. <br /> <br />Compact Apportionment Among Upper Division States. <br /> <br />The upper <br /> <br />~ <br />o <br />00 <br />I-" <br /> <br />division states avoided litigation and reached agreement on a formula <br /> <br />for apportioning rights to the flow in their part of the basin. The Upper <br /> <br />. <br /> <br />Colorado River Elasin Compact of 1948 allots to Arizona 50,000 acre-feet <br /> <br />per annum and, as to the balance of the annual consumptive use available <br /> <br />. <br /> <br />to the Upper Basin, apportions to Colorado, 51. 75 percent; New Mexico, <br /> <br />11.27 percent; Utah, 23 percent; and Wyoming, l4 percent. 2.2 The gross <br /> <br />amount of annual consumptive use allowable in the Upper Basin, against <br /> <br />. <br /> <br />which these percentages apply, has become less than 7.5 m. a. f. with <br /> <br />the downward revision of estimates of average river flow. Water avail- <br /> <br />able for Upper Basin consumptive use is now projected by the Bureau <br /> <br />. <br /> <br />of Reclamation to be from 6.5 to 5.8 m. a. f., the latter figure being a <br /> <br />"conservative hypothesis" used by the Elureau of Reclamation for plan- <br /> <br />. <br /> <br />ning purposes. <br /> <br />Reserved Rights for Indians. Indian tribes, regarded as quasi- <br /> <br />sovereigns under the law, nonetheless were not parties to either the <br /> <br />. <br /> <br />interregional allocation of the 1922 Compact or the interstate allocation <br /> <br />of the 1948 Compact. Each of the compacts contains a negative declara- <br /> <br />. <br /> <br />tion to the effect that Indian rights are outside the reach of the Interstate <br /> <br />accord.23 Each of the compacts also declares that the consumptive use <br /> <br />of water by native Americans is charged against the state in which the <br /> <br />. <br /> <br />use is made. <br /> <br />6 <br /> <br />. <br />