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<br />Bnsin and to the LOW" Basin respectively, th~xclusive bc~eficial <br /> <br /> <br />'constlmptive use of 7.5 million acre-feet (maf) of water per annum. <br /> <br />Article III (b) gives the Lower Basin in addition to this apportion- <br /> <br />ment the right to increase its beneficial consumptive use of the <br /> <br />waters of the Colorado River system by 1 maf per annum. <br /> <br />It is important to note that Article II(a) defines the term <br /> <br />"Colorado River system" as "that portion of the Colorado River <br /> <br />and its tributaries within the United States of America" <br />',. <br /> <br />(Emphasis <br /> <br />supplied). Thus, uses from the main stream or any of its tribu- <br /> <br />taries are,chargeable against the apportionments made to the two <br /> <br />Basins. <br /> <br />Articl~ III(d) of the 1922 Compact provides that the states <br /> <br />of the Upper Division will not cause the flow of the river at Lee <br /> <br />Ferry, a point on the main stream about 30 miles below the Utah- <br /> <br />Arizona state line, to be depleted below an aggregate of 75 maf <br /> <br />for any period of ten consecutive years reckoned in continuing <br /> <br />progressive series (Emphasis supplied). Attention is invited to <br /> <br />the proposition that the injunction of paragraph (d) is not appli- <br /> <br />cable to the State of Arizona in its capacity as a state of the <br /> <br />Upper Basin. Colorado, New Mexico, Utah and Wyoming are by <br /> <br />definition the states of the Upper Division. <br /> <br />It can be inferred <br /> <br />that the states of the Upper Division have met their III(d) <br /> <br />obligation even though Arizona's use of 50,000 acre-feet in the <br /> <br />Upper Basin might cause the flow of the river at Lee Ferry to be <br /> <br />depleted below an aggregate of 75 maf for any period of ten <br /> <br />consecutive years. To he conservative, the assessment of water <br /> <br />supply given below assumes that the flow of the river at Lee <br /> <br />Ferry, after Arizona has taken its Upper Basin entitlement, is <br /> <br />not depleted below that aggregate. <br /> <br />-7- <br />