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<br />"The States of the Upper Division shall not withhold <br />water, and the States of the Lower Division shall not require <br />the deliver of water, which cannot reasonably be applied to <br />domestic and agricultural uses." <br /> <br />Even if it is conceded that the Art. III(d) guarantee by the <br />Upper Division States to deliver an average of 7.5 maf of water per <br />year at Lee Ferry gives the lower division a priority, the priority <br />is certainly limited by Art. III(e) to domestic and agricultural <br />purposes. Because the lower basin developed hydro-generation of <br />power ahead of the upper basin cannot be regarded as giving the <br />lower basin a priority of use of water for power generation. In <br />other words, the lower basin should not be allowed to cause the <br />release of water from upper basin reservoirs, except for <br />agricultural and domestic uses, which might adversely affect the <br />domestic and agricultural water uses in the upper basin. If water <br />is released for power generation in the lower basin, or if another <br />upper basin resource (power or money) is substituted for water, the <br />effect is to give a priority to the generation of power in the <br />lower basin over the storage of water in the upper basin for <br />domestic and agricultural purposes, which is clearly inconsistent <br />with the intent of the compact. <br /> <br />3. The Colorado River Storage Project was predicated upon the <br />long-term storage and hold-over (for so long as 25 or 30 years) of <br />water in upper basin storage units. Congress in enacting the <br />Colorado River Storage Project Act clearly recognized that the <br />upper division States could not efficiently maximize their water <br />development and at the same time meet their compact obligation at <br />Lee Ferry without the storage of water for domestic and agricul- <br />tural purposes. Thus, Congress was implementing the provisions of <br />the Colorado River Compact with respect to the storage of water <br />"and to secure the expeditious agricultural and industrial develop- <br />ment of the Colorado River Basin" (Art. I). The primary purpose of <br />the storage units of the CRSP is the long-term storage of water for <br />domestic and agricultural purposes, which are consumptive uses. <br />The use of water for generation of power, although power generation <br />is an important function, especially for repayment of project costs <br />and the development of related resources by industry, is incidental <br />to the present and potential consumptive uses of water. <br /> <br />4. The primary objective of the upper division in its insis- <br />tence upon the inclusion of section 602 in P.L. 90-537 was to make <br />certain that in the future it will be able to meet its Art. IIl(d) <br />delivery of water at Lee Ferry and at the same time make the <br />maximum utilization of its already limited-by-nature, compact <br />apportionment of water. This objective is to be accomplished by <br />giving direction to the Secretary of the Interior in his operations <br />under Art. III(e) of the Compact. It is the intent of section 602 <br />to allow discretion to the Secretary as to how he operates; but <br />there is no discretion permitted 80 far as the objective is <br />concerned. The criteria outlined in section 602 provides guide- <br />lines. The interpretation of these guidelines and the operating <br /> <br />3 <br />