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<br />criteria based thereon to implement them are extremely important in <br />the light of the guarantee demanded by the upper division for the <br />protection of its future. This guarantee is dependent upon <br />adequate water being stored in upper basin reservoirs. The stored <br />water is insurance against the risk in some future drouth period of <br />curtailing consumptive uses of water in the upper division or <br />retarding water development in order to meet the delivery obliga- <br />tion to the lower basin. <br /> <br />5. Equity requires that the upper division's objective per- <br />taining to section 602 be met without imposing any further risk <br />upon it. The upper division already has had imposed upon it the <br />risks inherent in a deficient and decreasing water supply. It now <br />faces the reality of perhaps never being able to develop its full <br />compact apportionment of water. The upper division has also had to <br />cope with the risks associated with being last to develop its water <br />resources. In contrast, the lower basin has had to endure no risk <br />so far as the 4.4 maf/yr. delivery of water to California is con- <br />cerned, nor does it encounter any risk so far as the upper <br />division I s delivery of an average of 7.5 maf per year at Lee Ferry <br />is concerned. <br /> <br />After publication of the final operating criteria in the Federal <br /> <br />Register in June of 1970, the Upper Colorado River Commission passed a <br /> <br />resolution on February 27, 1971 which stated, in part: <br /> <br />that the four upper division States hereby strenuously <br />protest the objective of the Secretary of the Interior of a minimum <br />release of 8.23 million acre-feet of water per year from Lake <br />Powell which violates the spirit of the Colorado River Compact and <br />places upon the upper division States an obligation not intended <br />under said compact; <br /> <br />the Upper Division States hereby affirm that they do not <br />waive their objections to other parts of the long-range reservoir <br />operation criteria <br /> <br />The Upper Colorado River Commission has continued to object to the use <br /> <br />of 8.23 million acre-feet per year as a delivery requirement under the terms <br /> <br />of the Colorado River Compact or any other element of the "law of the river." <br /> <br />It is the position of the Upper Colorado River Commission and the Upper <br /> <br />Division States that ". . . with the delivery at Lee Ferry of 75 million <br /> <br />acre-feet of water in each period of ten consecutive years, the water supply <br /> <br />available in the Colorado River System below Lee Ferry is sufficient to meet <br /> <br />4 <br />