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<br />9 <br /> <br />0628 <br /> <br />When water is used for an industrial or <br />non-irrigation p~rpose, the amount of water actually consumed <br />can be measured. This cannot be done for irrigation uses. <br />The Tribes and State agreed in Section C of Article III on a <br />consumptive use for irrigation which would be conclusively <br />established by Section C of Article III: 81.8 acre-feet per <br />acre per year for full service irrigation and 0.~8 acre-feet <br />per acre per year for partial service irrigation. Thus, if <br />100,000.acres are actually in full service irrigation by tribal <br />water users in a particular year, the consumptive use is <br />conclusively deemed to be 180,000 acre-feet for that year. No <br />measurement of actual consumptive u~e is made for irrigation <br />uses. (An identical formula is provided for user!Oof rights <br />established under state law by Article IV B (3).) <br /> <br />Article III D provides that the Tribes can put water <br />to use for anv purpose on the Reservation, without regard to <br />whether tha~se is beneficial under state law and without <br />observing anv other state law restrictions, !? long as the use <br />of water on the reservation is not wasteful. Water can be <br />freely shifted within the Reservation from one purpose to <br />another, such as from irrigi~ion to industrial or mineral <br />development, or recreation. Uses outside the Reservation <br /> <br />7Such consumptive use is defined by Article 11(5). Its <br /> <br />measurement is "the quantity of water diverted less <br />quantity of reusable return flow within the State." <br />is also defined by Article II (22) . <br /> <br />the <br />Reusable <br /> <br />8This term is defined by Article II (11). <br /> <br />9This term is defined by Article II (17). <br /> <br />10If reservoirs are constructed in the future for <br />conservation storage, evaporation is counted as a consumptive <br />use in the manner set forth in Article 11(4). The evaporation <br />from any reservoir presently in operat.io.n is not counted. (Tr. <br />Feb. 27, 1985, pp. 52-56). <br /> <br />11 <br />E.g., Tr. Sept. 24, 19B1, p. 32; Tr. Feb. 27, 1985, p. <br />61. The term ~wasteful" is defined in Article II (28) as "the <br />unreasonable loss of water through the design or negligent <br />operation of a diversion or of a water distribution facility." <br />, <br /> <br />12 <br />E.g., Tr. Sept. 24, 1981, pp. 29-32. <br />