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<br />{~ <br /> <br />f'V <br />00 <br />0) <br />o <br /> <br />;;1;';) <br /> <br />.;., ':~.i <br />::';;..? <br /> <br />prove insufficient for this purpose, then, the burden of _ <br />such deficiency shall be equally borne by the Upper Basin <br />and the Lower Basin. . . <br /> <br />Mexican Water Treaty of 1944. In 1944, the United. States and Mexico <br />did indeed negotiate a treaty covering the delivery and use of water from <br />the Colorado River (and two other rivers as well). In that treaty, Mexico <br />was guaranteed 1,500,000 acre-feet per year "of the waters of the Colorado <br />River, from any and all sources. . .. ," subject to certain contingencies <br />(art. 10). Several complex articles govern the timing and location of, <br />deliveries, but their terms are not pertinent to this assessment. <br /> <br />Upper Colorado River Basin Compact. The Colorado River Compact did <br />not address the question of apportioning the Upper Basin's entitlement <br />among the Upper Basin States. Thus, in 1948, Arizona, Colorado, New <br />Mexico, Utah, and Wyoming agreed to apportion the beneficial consumptive <br />use of water from the "Upper Colorado River System" .as follows (art. III(a)): <br /> <br />1. 50,000 acre-feet per year to Arizona, and <br /> <br />2. of the water remaining each year after deduction of Arizona's <br />use, 51.75 percent to Colorado, 11.25 percent to New Mexico, <br />23 percent. to Utah, and 14 percent to Wyoming. <br /> <br />In addition, article V(b) (I) provides that evaporation from reservoirs <br />used solely to assist the Upper Basin in meeting its delivery obligations <br />at Lee Ferry (or that .portion of evaporation from a multipurpose reservoir <br />which is chargeable to this purpose) shall be charged.to the Upper Division <br />States. <br /> <br />Besides making a general apportionment of water among all of the States <br />of. the Upper Basin, the compact also provides for the division of water <br />between pairs of States on a number of specific rivers. <br /> <br />Acts of Congress. The purposes to be served by the operation of the <br />major storage reservoirs in the Colroado River Basin have been set forth in <br />several laws passed by Congress: <br /> <br />I. Boulder Canyon Project Act (45 Stat. 1057) , <br /> <br />2. Boulder Canyon Project Adjustment Act (54 Stat. 774, <br />43 U.S,C. 618(a)), <br /> <br />3. Colorado River Storage Project Act (70 Stat. 105, <br />43 U.S.C. 620), and <br /> <br />4. Colorado River Basin Project Act (82 Stat. 885, <br />43 U.S.C. 1501). <br /> <br />xxxiii <br />