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<br />I <br />I. <br />I <br /> <br />'of paragraph (al . (bl <br /> <br />fr-on the "Colorado River <br /> <br />of Article III of ~co~pact are. <br />system" and Article II(al defines the <br /> <br />Colorado River system as "that portion of the Colorado River <br /> <br />and its tributaries within the United States of APlerica." There <br /> <br />appears to be no foundation whatever for the argument that Lower <br /> <br />Basin tributary uses are not accountable as beneficial consumptive <br /> <br />use apportioned by the Compact. <br /> <br />The Upper Colorado River Basin Compact of 1948 divided <br /> <br />.J <br /> <br />the 7.5 maf of consumptive use apportioned to the Upper Basin <br /> <br />by the ~922 Compact among the Upper Basin states. <br /> <br />It was agreed <br /> <br />that Arizona should have 50,000 acre-feet annually and that the <br /> <br />balance wo~ld be divided among the other four states. Hew <br /> <br />Mexico's share is set at ll~% of that balance. <br /> <br />If the full <br /> <br />amount of 7.5 maf annually apportioned to the Upper Basin is <br /> <br />available, New Mexico is allowed to make uses that would deplete <br /> <br />the flow of the river at Lee Ferry by 838,000 acre-feet annually. <br /> <br />Hydrologic studies indicate that the virgin flow of the <br /> <br />Colorado River at Lee Ferry may be as much as a million acre- <br /> <br />feet short of the 15 maf presumed to be divided at Lee Ferry <br /> <br />by the 1922 Compact. It does not now appear that we can rely on <br /> <br />7.5 maf annually remaining available for consumptive use in the <br /> <br />Upper Basin after delivering to the Lower Basin 75 maf in each <br /> <br />period of ten consecutive years. A study prepared by Tipton <br /> <br />& Kalmbach, Inc. for the Upper colorado River <br /> <br />Commission in 1965 indicates that on the basis of streamflow <br /> <br />records for the period 1921 through 1964 the average virgin flow <br /> <br />of the colorado River at Lee Ferry was 14 maf. <br /> <br />The study also <br /> <br />shows that operation of the Colorado River Storage Project <br /> <br />reservoirs during such a water supply period woule allow the <br /> <br />-12- <br />