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<br />~ 21.02[1] <br /> <br />MINERAL LAW INSTITUTE <br /> <br />21-6 <br /> <br />Commerce Herbert Hoover, as their chairman, and spent <br />parts of the next eleven months in devising a compact. <br /> <br />The Compact divided the entire Colorado River system, in- <br />cluding all tributaries, into an Upper and a Lower Basin. <br />The boundary between the two was set at Lee's Ferry,13 <br />which was considered to be a natural dividing point between <br />the tributaries of the Upper and the Lower Basin states. At <br />the heart of the Compact is the allocation scheme contained <br />in Arficle III. Because of their pivotal significance to the sub- <br />ject o~ this paper, Paragraphs (a) through (d) of Article III <br />are set forth in full: <br /> <br />(a) There is hereby apportioned from the Colorado <br />River System in perpetuity to the Upper Basin and to the <br />Lower Basin respectively the exclusive beneficial con- <br />sumptive use of 7,500,000 acre feet of water per annum, <br />which shall include all water necessary for the supply of <br />any rights which may now exist. <br /> <br />(b) In addition to the apportionment in paragraph (a) <br />the Lower Basin is hereby given the right to increase its <br />beneficial consumptive use of such waters by one million <br />acres per annum. <br /> <br />(c) If, as a matter of international comity, the United <br />States of America shall hereafter recognize in the United <br />States of Mexico any right to the use of any waters of the <br />Colorado River System, such waters shall be supplied first <br />from the waters which are surplus over and above the ago <br />gregate of the quantities specified in paragraphs (a) and <br />(b); and if such surplus shall prove insufficient for this pur- <br />pose, then, the burden of such deficiency shall be equally <br />borne by the Upper Basin and the Lower Basin, and when- <br />ever necessary the States of the Upper Division shall de- <br />liver at Lee Ferry water to supply one-half of the defi- <br />ciency so recognized in addition to that provided in <br />paragraph Cd). <br /> <br />13 Lee's Ferry, located in Arizona, had been a traditional river crossing point. <br />Apparently prior to 1922 some or all of its inhabitants had resettled, and there was <br />considerable confusion about its official site. Consequently, the Compact Commis- <br />sioners decided to specify that Lee's Ferry would be considered to be one mile below <br />the mouth of the Paria River, an Upper Basin tributary. Article Il(a), Compact. <br />